a little logic in law
A Legal Maxim is an established principle or proposition. They are described as of the same strength and effect in the law as statutes.
Not only, will the use of maxims be in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable subtlety, and reducing the same to a more sound and substantial sense of law, in reclaiming vulgar errors, and, generally, in the amendment in some measure of the very nature and complexion of the whole law.
Part of 3 Year Course (First Year Sem III) 5 Year Course (Third Year Sem VII) Topics Jurisprudential Controls of Property and Law relating to Transfer of Property Act 1882 (85 marks) Concept and meaning of property Kinds of Property Movable and Immovable property Tangible and Intangible Property Intellectual Property Copyrights / Patents / Designs … Read more
Meaning The legal standing of a party in connection with a certain matter in a court of law. Easy way to remember Locus = Certain Location / Specific Location Standi = Standing or Stand Explanation Locus Standi is the Legal Standing a person has with reference to a legal matter. It is the justification of … Read more
Meaning “In re:” (pronounced in-ray) means in reference to – a certain matter, person, place or thing. Explanation In re: is used in Case Citations to signify that the case is declaratory in nature and does not necessarily have 2 parties opposing each other. Such a case may arise out of suo-motu action of a … Read more
Meaning The state of mind of a person accused of crime. This may include the intention / knowledge or forethought of the crime, before the act was committed. Easy way to remember Mens = mental condition / of the mind / intention Rea = reum / the accused / defendent Explanation This maxim holds good for … Read more
Meaning A crime is not considered to have been done unless the intention of the accused was to do so. Easy way to remember Actus = The act or action Non facit = not doing / not done reum = the accused / defendent nisi = unless mens = mental condition / of the mind … Read more