Brocard
A list of legal maxims via Brocard_(law)
| Actori incumbit onus probatio | “On the plaintiff rests the proving”. |
| Actio libera in causa | “Action free in its cause”. |
| Audi alteram partem or audiatur et altera pars | “Listen to the other side”, or “let the other side be heard as well”. |
| Casum sentit dominus or res perit domino | “Accident is felt by the owner”.. |
| Cogitationis poenam nemo patitur | “No one suffers punishment for mere intent.” |
| Consensus facit legem | “Consensus makes law”. |
| Consuetudo pro lege servatur | “Custom is held as law.” |
| Cuius est solum eius est usque ad coelum et ad inferos | “Whoever's is the soil, all the way to heaven and to the depths is theirs.” |
| Delegatus non potest delegare | “That which has been delegated cannot delegate further.” |
| De minimis non curat lex | “The law does not concern itself with the smallest things”. |
| Dubia in meliorem partem interpretari debent | “Doubtful things should be interpreted in the best way.” Often spoken as “to give the benefit of the doubt”. |
| Dura lex, sed lex | “The law [is] harsh, but [it is] the law.” |
| Ei incumbit probatio qui dicit | “Proof lies on the one who asserts.” |
| Ex factis jus oritur | “The law arises from the facts.” |
| Expressio unius est exclusio alterius | “The express mention of one thing excludes all others.” |
| Ex turpi causa non oritur actio | “From a dishonorable cause an action does not arise.” |
| Fiat justitia et pereat mundus | “Let there be justice, though the world perish.” |
| Fiat justitia ruat caelum | “Let justice be done though the heavens fall.” |
| Generalia specialibus non derogant | “The general does not detract from the specific.” |
| Ignorantia juris non excusat | “Ignorance of the law is no excuse.” |
| In claris non fit interpretatio | “In clear things no interpretation is made.” |
| Inadimplenti non est adimplendum | “One has no need to respect his obligation if the counter-party has not respected his own.” |
| Inter arma enim silent leges | “For among arms, the laws fall silent.” |
| Iudex non calculat | “The judge does not calculate.” |
| Iura novit curia | “The court knows the law.” |
| Ius civile vigilantibus scriptum est | “Civil law is written for the vigilant”. |
| Leges humanae nascuntur, vivunt, moriuntur | “The laws of man are born, live, and die.” |
| Lex posterior derogat priori | “A later law repeals an earlier one.” |
| Lex retro non agit | “The law does not operate retroactively.” |
| Lex specialis derogat legi generali | “A law governing a specific subject matter overrides a law which only governs general matters.” |
| Maleficia propositis distinguuntur | “Evil acts are distinguished from (evil) purposes” or “crimes are distinguished by evil intent”. |
| Nemo auditur propriam turpitudinem allegans | “No one can be heard, who invokes his own guilt.” |
| Nemo dat quod non habet | “No one gives what they do not have.” |
| Nemo debet esse iudex in propria | “No one shall be a judge in his own case.” |
| Nemo ius ignoratur censetur | “Not knowing the law is harmful.” |
| Nemo judex in sua causa | “No one shall be a judge in his own case.” |
| Nemo plus iuris ad alium transferre potest quam ipse habet | “No one can transfer a greater right than he himself has.” |
| Non faciat malum, ut inde veniat bonum | “Not to do evil that good may come.” |
| Nulla poena sine culpa | “No punishment without fault.” |
| Nulla poena sine lege or nullum crimen, nulla poena sine praevia lege poenali | “No penalty without law” or “no crime, no punishment without a previous penal law”. |
| Nunc pro tunc | “Now for then.” |
| Pacta sunt servanda | “Agreements are to be kept.” |
| Par in parem non habet imperium | “Equals have no sovereignty over each other.” |
| Prior tempore potior iure | “Earlier in time, stronger in right.” or “The law favors those who establish their rights earlier rather than later.” |
| Prius quam exaudias ne iudices | “Before you hear, do not judge.” |
| Probatio vincit praesumptionem | “Proof overcomes presumption.” |
| Prout patet per recordum | “As appears in the record”. |
| Qui facit per alium facit per se | “Who acts through another, acts himself.” |
| Quod est necessarium est licitum | “What is necessary is lawful.” |
| Quod non est in registro, non est in Mundo | “What is not in the register is not in the world.” |
| Res ipsa loquitur | “The thing speaks for itself.” |
| Res inter alios acta vel iudicata, aliis nec nocet nec prodocet | “What has been agreed/decided between people (a specific group) can neither benefit nor harm a third party” |
| Rex non potest peccare | “The king can do no wrong.” |
| Salus populi suprema lex esto | “The good of the people shall be the supreme law.” |
| Sententia quae in rem iudicatam transit, pro veritate habetur | “When a definitive sentence is declared, it is considered to be the truth.” |
| Sic utere tuo ut alienum non laedas | “Use your property so as not to injure that of your neighbours.” |
| Solve et repete | “Solve and resume.” |
| Ubi lex voluit, dixit; ubi noluit, tacuit | “When the law wills, it speaks; when it does not will, it is silent.” |
| Vigilantibus non dormientibus aequitas subvenit | “Equity aids the vigilant, not the sleeping.” |
| Volenti non fit injuria | “Injury is not done to the willing.” |
Maxims of Equity
via Maxims_of_equity
- Equity looks on as done that which ought to have been done
- Equity will not suffer a wrong to be without a remedy
- Equity will not allow a wrongdoer to profit by a wrong
- Equity does not punish
- Equity is a sort of equality
- One who seeks equity must do equity
- Equity aids the vigilant not the indolent
- Equity imputes an intention to fulfill an obligation
- Equity acts in personam (i.e. on persons rather than on objects)
- Equity abhors a forfeiture
- Equity does not require an idle gesture
- He who comes into equity must come with clean hands
- Equity delights to do justice and not by halves
- Equity will take jurisdiction to avoid a multiplicity of suits
- Equity follows the law (Aequitas sequitur legem)
- Equity will not assist a volunteer
- Equity will not complete an imperfect gift
- Where equities are equal, the law will prevail
- Between equal equities the first in order of time shall prevail
- Equity will not allow a statute to be used as a cloak for fraud
- Equity will not allow a trust to fail for want of a trustee
- Equity regards the beneficiary as the true owner