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.
Does a nominee have the same rights as a legal heir or legatee in a will? A nominee is not a legatee i.e. he is not entitled to inherit the property / any benefit from the deceased. A nominee only holds the property or money in question, in trust, for the actual legal heirs as named … Read more
Meaning Hear both the sides / Hear the other party Easy way to remember Audi = hear (as in audio / audible) Alteram = the alternative Partem = a party or part Explanation Audi Alteram Partem is the most basic principle of Natural Justice. It means that a fair judgement can only be made or … Read more
A Paralegal means a person who is doing procedural work related to some legal matter but is not a qualified legal practitioner in that jurisdiction. A paralegal is similar to paramedics, appointed by the fire and rescue departments, who only administer first-aid, but do not prescribe medicines or carry out any major medical procedures. They do … Read more
Meaning On its own motion Easy way to remember Suo = his / her / its Motu = Motion Explanation Suo Motu (not Moto) means an act done by any person(s) in authority, with his / their own discretion and volition, without the prompting or direction of another. It means that although normally, others may … Read more
Meaning From the office of Easy way to remember Ex = from Officio = Office / Official Position Explanation This is the right or privilege that a person has, due to the virtue of him being in another position of power. Example The Principal of a school is the Ex-Officio President of the Parent Teachers … Read more