25 top used legal maxims | Cheat Sheet Legal English

LEGAL MAXIMS 
1. Ab Initio /ˌæb ɪˈnɪʃioʊ/  ("ab ih-NISH-ee-oh")– from the beginning 
"The  contract  was  declared  void  ab  initio  because  it  was  based  on  fraudulent 
information, meaning it was considered invalid from the beginning." 
 
2. Alibi  /ˈæləˌbaɪ/  ("AL-uh-bye")  -  proof that  someone  who  is thought to 
have committed a crime could  not  have  done  it, especially the fact or statement that 
they were in another place at the time it happened. 
"The defendant provided an alibi by presenting evidence that he was out of the country 
at the time the crime was committed, proving he could not have been involved." 
 
3. Bona fide /ˈboʊnə ˈfaɪd/ or /ˈbɒnə ˈfaɪdi/ ("BOH-nuh FIDE" or "BAH-nuh FYE-
dee") – without intention to deceive 
"The judge ruled in favor of the buyer, stating  that he had made  a bona fide purchase 
without any knowledge of the seller's fraudulent intentions." 
 
4. Caveat-/ˈkæviˌæt/  or  /ˈkɑːviˌæt/  ("KAV-ee-at"  or  "KAH-vee-at")  a  notice, 
especially  in  a probate, that  certain  actions may  not  be  taken  without informing the 
person who gave the notice. 
"The lawyer filed a caveat to prevent the distribution of the deceased’s estate until the 
rightful heirs were determined." 
 
5. FIVE KINDS OF WRITS (writ- a legal document from a law court that tells you that 
you will be involved in a legal process and explains what you must do) 
 
➢ HABEAS  CORPUS-  /ˈheɪbiəs  ˈkɔːrpəs/  ("HAY-bee-uhs  KOR-puhs")  The 
Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ 
is used to enforce the fundamental right of individual  liberty against  unlawful 
detention.  Through Habeas  Corpus,  Supreme  Court/High  Court  orders  one 
person who has arrested another person to bring the body of the latter before the 
court. 
Example:  If  a person  is detained  by  the  police without  being  charged, their 
lawyer may file a writ of Habeas Corpus to demand that the authorities present 
the person before a judge. The court will then determine whether the detention 
is lawful or if the person should be released. 
 
➢ MANDAMUS-  /mænˈdeɪməs/ ("man-DAY-muhs") The literal meaning of this 
writ is ‘We command.’ This writ is used by the court to order the public official 
who has failed to perform his duty or refused to do his duty, to resume his work. 
Unlike Habeas Corpus, Mandamus cannot be issued against a private individual. 
Example: If a government department is required by law to grant a permit to an 
eligible applicant but refuses to do so, the applicant may file a writ of Mandamus 
asking the court to compel the department to issue the permit as required. 
➢ CERTIORARI- /ˌsɜːrʃiəˈrɛəraɪ/ or /ˌsɜːrtiəˈrɛəri/   ("sur-shee-oh-RAIR-eye" 
or "sur-tee-oh-RAIR-ee") The literal meaning of the writ of ‘Certiorari’ is ‘To 
be  certified’  or  ‘To  be  informed.’  This  writ  is  issued  by  a  court  higher  in 

Partial preview of the text

Download 25 top used legal maxims and more Cheat Sheet Legal English in PDF only on Docsity!

LEGAL MAXIMS

1. Ab Initio /ˌæb ɪˈnɪʃioʊ/ ("ab ih-NISH-ee-oh")– from the beginning "The contract was declared void ab initio because it was based on fraudulent information, meaning it was considered invalid from the beginning."

Alibi /ˈæləˌbaɪ/ ("AL-uh-bye") - proof that someone who is thought to have committed a crime could not have done it, especially the fact or statement that they were in another place at the time it happened. "The defendant provided an alibi by presenting evidence that he was out of the country at the time the crime was committed, proving he could not have been involved." 3. Bona fide /ˈboʊnə ˈfaɪd/ or /ˈbɒnə ˈfaɪdi/ ("BOH-nuh FIDE" or "BAH-nuh FYE- dee") – without intention to deceive "The judge ruled in favor of the buyer, stating that he had made a bona fide purchase without any knowledge of the seller's fraudulent intentions."
Caveat-/ˈkæviˌæt/ or /ˈkɑːviˌæt/ ("KAV-ee-at" or "KAH-vee-at") a notice, especially in a probate, that certain actions may not be taken without informing the person who gave the notice. "The lawyer filed a caveat to prevent the distribution of the deceased’s estate until the rightful heirs were determined."
FIVE KINDS OF WRITS ( writ- a legal document from a law court that tells you that you will be involved in a legal process and explains what you must do) ➢ HABEAS CORPUS- /ˈheɪbiəs ˈkɔːrpəs/ ("HAY-bee-uhs KOR-puhs") The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court. Example : If a person is detained by the police without being charged, their lawyer may file a writ of Habeas Corpus to demand that the authorities present the person before a judge. The court will then determine whether the detention is lawful or if the person should be released. ➢ MANDAMUS- /mænˈdeɪməs/ ("man-DAY-muhs") The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Unlike Habeas Corpus, Mandamus cannot be issued against a private individual. Example : If a government department is required by law to grant a permit to an eligible applicant but refuses to do so, the applicant may file a writ of Mandamus asking the court to compel the department to issue the permit as required. ➢ CERTIORARI- /ˌsɜːrʃiəˈrɛəraɪ/ or /ˌsɜːrtiəˈrɛəri/ ("sur-shee-oh-RAIR-eye" or "sur-tee-oh-RAIR-ee") The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in

authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. Example: When a lower court makes a decision that is beyond its jurisdiction, a party may request a writ of Certiorari from a higher court to review the lower court's decision and potentially quash it if errors in jurisdiction or law are found. ➢ PROHIBITION- /ˌproʊɪˈbɪʃən/ ("proh-i-BISH-uhn") The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Writ of Prohibition can only be issued against judicial and quasi-judicial authorities. Example : If a lower court is about to hear a case that falls outside its jurisdiction, a higher court may issue a writ of Prohibition to stop the lower court from proceeding with the case, thus preventing it from exceeding its legal powers. ➢ QUO WARRANTO- /kwoʊ ˈwɒrəntoʊ/ ("kwoh WAH-run-toh") The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office. It can’t be issued against private or ministerial office. Example : If a lower court is about to hear a case that falls outside its jurisdiction, a higher court may issue a writ of Prohibition to stop the lower court from proceeding with the case, thus preventing it from exceeding its legal powers.

De facto - of fact/in reality, ("day FAK-toh") /deɪ ˈfæktoʊ/ a legal concept used to refer to what happens in reality or in practice, as opposed to de jure (“from the law”), which refers to what is actually notated in legal code. For example, a de facto leader is someone who exerts authority over a country but whose legitimacy is broadly rejected, while a de jure leader has a legal right to authority whether or not that authority can be executed. Example : "The minister is the de facto head of the department, even though the director holds the de jure title."
De jure- ("day JOO-ree") /deɪ ˈdʒʊəri/ explained above
Ex gratia- ("eks GRAY-shuh") /ɛks ˈɡreɪʃə/ means by favor, as a favour or from a sense of moral obligation rather than because of any legal requirement. Example : "The company offered an ex gratia payment to the injured worker, even though it had no legal obligation to do so."
Ex officio- from the office, /ɛks əˈfɪʃiˌoʊ/ ("eks uh-FISH-ee-oh") by right of office. Example : "As the vice president, she served ex officio on all major committees."

19. Prima facie ˈpraɪmə ˈfeɪʃi/ or /ˈpriːmə ˈfeɪʃə/ ("PRY-muh FAY-shee" or "PREE- muh FAY-shuh")- based on first impression; based on what seems to be the truth when first seen or heard. Example : "The evidence presented was prima facie proof of negligence."

Alimony /ˈælɪˌmoʊni/ ("AL-ih-moh-nee")- an allowance made to one spouse by the other for support pending or after legal separation or divorce. Example : "The court ordered the husband to pay monthly alimony to his ex-wife following their divorce."
Quid pro quo /kwɪd proʊ ˈkwoʊ/ ("kwid proh KWOH")- a favor for a favor; Quid pro quo is an arranged exchange of services or favors between two parties. It's not formalized with a contract, and often isn't even disclosed. Example : "The company’s donation to the political campaign was seen as a quid pro quo for future government contracts." 22. Sine qua non /ˌsɪni kweɪ ˈnɒn/ or /ˌsɪneɪ kwɑː ˈnoʊn/ ("SY-nee kway NON" or "SIN-ee kwah NOHN")- without which it could not be; a necessary condition without which something is not possible. It is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred. Example : "Honesty is the sine qua non of a fair trial." 23. Status quo- /ˈsteɪtəs ˈkwoʊ/ or /ˈstætəs ˈkwoʊ/ ("STAY-tuhs kwoh" or "STAT-uhs kwoh")- the existing state of affairs; for instance in property law, Status quo refers to upholding the status or condition of the thing/property in question. Example : "The judge decided to maintain the status quo until the final decision was made." 24. Suo motu- /ˈsuːoʊ ˈmoʊtuː/ ("SOO-oh MOH-too") Latin for ‘of its own motion’, In a legal context, the term is often used to describe a situation where a court or other authority takes action without being prompted or requested to do so by another party. Example : "The court took suo motu action to investigate the allegations of human rights violations."
Vice Versa /ˌvaɪs ˈvɜːrsə/ ("VYSS VER-suh")- “the other way around”, It's used to indicate that a statement is also true if the order is reversed. Example : "The lawyer argued that the same principles applied to the defendant’s case, and vice versa ."

25 top used legal maxims, Cheat Sheet of Legal English

Related documents

Partial preview of the text

Download 25 top used legal maxims and more Cheat Sheet Legal English in PDF only on Docsity!

LEGAL MAXIMS