LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Legal Maxims - II

saksham bharadwaj
Last updated: 27 July 2024
     Share   Bookmark


1. Word: Cachinnus/Cachinnate
Origination: Latin 
Meaning: Cachinnus basically means a loud laugh.
Explanation: This term describes a boisterous or unrestrained laugh.
Usage: The evil cachinnus during cross-examination drew disapproving looks from the jury.

2. Word: Cachot
Origination: French
Meaning: Dungeon
Explanation: A cachot basically refers to an underground dark prison which is often associated with harsh punishments and living conditions.
Usage: During the British era, rarely one was allowed a visit to the cachot, highlighting historical penal practices.

3. Word: Cadit quoestio
Origination: Latin
Meaning: The question drops or the case has ended or the case is closed.
Explanation: This phrase means that a matter is settled or no longer in dispute or the issue in existence has been solved.
Usage: Once the DNA evidence was presented, cadit quoestio – there was no further debate about the suspect's involvement.

4. Word: Cave quid dicis, quandoe, e cui
Origination: Latin
Meaning: Beware what you say, where and to whom
Explanation: This maxim advises caution in speech, emphasizing the importance of context and audience.
Usage: The lawyer reminded her client, "Cave quid dicis, quandoe, e cui," before the press conference.

5. Word: Centum
Origination: Latin
Meaning: A hundred
Explanation: This term is often used in legal contexts to refer to quantities or percentages.
Usage: The contract stipulated a penalty of centum dollars per day for late delivery.

6. Word: Charmante
Origination: French
Meaning: A charming woman
Explanation: While not strictly legal, this term might appear in historical legal documents or literature.
Usage: The witness described the defendant as a charmante, emphasizing her persuasive demeanor.

7. Word: Cher ami
Origination: French
Meaning: A dear male friend
Explanation: This phrase could be relevant in interpreting personal correspondence in legal cases.
Usage: The letter began "Cher ami," suggesting a close relationship between the parties.

8. Word: Currente calamo
Origination: Latin
Meaning: With a running pen
Explanation: This phrase describes writing done quickly or spontaneously, without much revision.
Usage: The affidavit, written currente calamo, contained several inconsistencies that were later challenged in court.

9. Word: Da capo
Origination: Italian
Meaning: From the beginning
Explanation: In legal contexts, this might be used to request a repetition or restart of proceedings.
Usage: The judge ordered "da capo" when it was revealed that a key piece of evidence had been overlooked.

10. Word: Danke schön
Origination: German
Meaning: Many thanks
Explanation: While not a legal term, it might be used in international legal settings as a courtesy.
Usage: The arbitrator concluded the successful negotiation with a "Danke schön" to all parties.

11. Word: De mortuis nil nisi bonum
Origination: Latin
Meaning: Say nothing but good of the dead
Explanation: This ethical principle advises against speaking ill of the deceased.
Usage: In the obituary, following de mortuis nil nisi bonum, the controversial politician's charitable works were emphasized.

12. Word: Deus avertat!
Origination: Latin
Meaning: God forbid!
Explanation: An exclamation expressing the hope that something undesirable won't occur.
Usage: "Deus avertat!" exclaimed the prosecutor when asked about the possibility of evidence tampering.

13. Word: Deus det!
Origination: Latin
Meaning: God grant!
Explanation: An expression of hope or wish for divine intervention.
Usage: "Deus det we find new evidence," the defense attorney muttered before the trial.

14. Word: Dies non
Origination: Latin
Meaning: A day on which judges do not hold Court
Explanation: Refers to a day when no legal business is conducted.
Usage: The holiday was considered a dies non, so no verdicts were delivered.

15. Word: Dum spiro, spero
Origination: Latin
Meaning: While I breathe, I hope
Explanation: This phrase was found in the works of Theocritus, which expresses perseverance and optimism in the face of adversity.
Usage: Despite the setback, the attorney of the appellant maintained a "dum spiro, spero" attitude towards the appeal.

16. Word: En cuerpo
Origination: Spanish
Meaning: In a close-fitting dress
Explanation: While not a legal term, it might be relevant in describing appearance in testimonies.
Usage: The witness stated that the suspect was seen en cuerpo, making identification easier.

17. Word: Exceptio confirmat regulam
Origination: Latin
Meaning: Exception proves the rule
Explanation: Suggests that an exception to a rule proves that a general rule exists.
Usage: The lawyer argued that this case, far from invalidating the statute, was an exceptio confirmat regulam.

18. Word: Ex curia
Origination: Latin
Meaning: Out of Court
Explanation: Refers to actions or decisions made outside of official court proceedings.
Usage: The parties reached an ex curia settlement, avoiding a lengthy trial.

19. Word: Ex delicto
Origination: Latin
Meaning: Owing to crime
Explanation: Refers to obligations or legal consequences arising from a wrongful act.
Usage: The defendant's liability was ex delicto, stemming directly from their criminal actions.

20. Word: Ex officio
Origination: Latin
Meaning: By virtue of one's office
Explanation: Refers to powers or responsibilities that come with an official position.
Usage: The mayor, ex officio, served on the city's planning commission.

21. Word: Ex parte
Origination: Latin
Meaning: On one side only or party only(used in legal proceedings)
Explanation: Refers to legal proceedings where only one party is present or represented.
Usage: The judge issued an ex parte order for emergency custody based on the evidence presented.

22. Word: Falsi crimen
Origination: Latin
Meaning: Crime of falsity
Explanation: Refers to crimes involving deceit or falsification.
Usage: The accountant was charged with falsi crimen for manipulating the financial records.

23. Word: Filius nullius
Origination: Latin
Meaning: A bastard
Explanation: Historically used to refer to a child born out of wedlock, now considered outdated and offensive.
Usage: Historical legal documents often used the term filius nullius, reflecting past societal norms.

24. Word: Fille de joie
Origination: French
Meaning: A prostitute
Explanation: A euphemistic term for a sex worker, potentially relevant in certain legal contexts.
Usage: The case involved the rights of filles de joie in the disputed jurisdiction.


Some of the maxims, such as "de mortuis nil nisi bonum" and "exceptio confirmat regulam," have a meaning or an interpretation which stretches beyond legal usage and reflects a  broader outline of ethical or logical principles.Whereas, phrases like "dies non" and "falsi crimen," are more specifically tied to legal procedures and concepts.


"Loved reading this piece by saksham bharadwaj?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - saksham bharadwaj 



Comments


update