Master the AIBE: 15 Essential Legal Maxims You Must Know
The All India Bar Examination (AIBE) is a crucial milestone for every law graduate aspiring to practice in India. While the exam is "open-book," the pressure of time makes it difficult to search for every term. One area where students often lose easy marks is Legal Maxims.
Legal maxims are the shorthand of the legal world—Latin phrases that embody fundamental legal principles. In this guide, we break down the most frequently asked maxims in the AIBE to help you clear the exam with confidence.
1. The Pillars of Natural Justice
Natural justice is a favorite topic for AIBE examiners. Ensure you know these two:
Audi Alteram Partem: Literally meaning "Hear the other side." It ensures that no person is condemned unheard.
Nemo Debet Esse Judex in Propria Sua Causa: "No one should be a judge in their own cause." This rule prevents judicial bias and ensures impartiality.
2. Law of Torts: Rights vs. Damages
Tort law questions in AIBE often revolve around the relationship between "Injury" (legal) and "Damage" (physical/financial).
Injuria Sine Damno: Violation of a legal right without actual damage. (Example: Ashby vs. White).
Damnum Sine Injuria: Actual loss or damage without the violation of a legal right. This is not actionable in court.
Res Ipsa Loquitur: "The thing speaks for itself." This maxim shifts the burden of proof to the defendant in cases of obvious negligence.
Volenti Non Fit Injuria: To one who consents, no harm is done. If you voluntarily take a risk, you cannot claim damages later.
3. Criminal Jurisprudence
To understand the Indian Penal Code (IPC), you must understand these:
Actus Non Facit Reum Nisi Mens Sit Rea: An act does not make one guilty unless there is a guilty mind. This establishes that both a physical act and criminal intent are necessary for a crime.
Ignorantia Facti Excusat, Ignorantia Juris Non Excusat: Ignorance of fact is an excuse, but ignorance of the law is no excuse.
4. Contract and Commercial Law
Caveat Emptor: "Let the buyer beware." It is the buyer's duty to check the quality of goods before purchasing.
Quid Pro Quo: "Something for something." This represents the concept of 'Consideration' in a contract.
Pacta Sunt Servanda: "Agreements must be kept." This is a foundational principle of International Law and Contract Law.
5. General Legal Principles
Ubi Jus Ibi Remedium: "Where there is a right, there is a remedy." This means if you have a legal right, the law provides a way to protect it.
Stare Decisis: "To stand by things decided." This refers to the doctrine of Precedents, where lower courts follow the decisions of higher courts.
Ab Initio: "From the beginning." Often used to describe a contract that was never valid from the moment it was created.
- Nullum crimen sine lege: No crime can be committed, and no punishment can be imposed, without a pre-existing law.
Doli incapax: A child (below a certain age) is deemed incapable of forming criminal intent.
Necessitas non habet legem: Necessity knows no law (used as a defense in extreme situations).
Causa proxima non remota spectatur: The immediate cause, not the remote cause, is considered by the law.
Falsus in uno, falsus in omnibus: False in one thing, false in everything. (Note: This is not strictly applied in Indian courts).
Salus populi suprema lex esto: The welfare of the people is the supreme law.
Lex prospicit non respicit: The law looks forward, not backward (Prospective application).
Onus probandi: The burden of proof.
Ratio decidendi: The "reason for the decision"; the binding part of a judgment.
Obiter dicta: Remarks made "by the way" which are not binding as precedent.
Per curiam: A decision delivered by the court as a whole, rather than by a single judge.
Consensus ad idem: Meeting of minds; mutual agreement on the same thing in the same sense.
Ex turpi causa non oritur actio: No legal action can arise from an immoral or illegal cause.
He who seeks equity must do equity: You must act fairly if you want the court to be fair to you.
He who comes to equity must come with clean hands: You must be morally blameless in the matter at hand.
Vigilantibus non dormientibus aequitas subvenit: Equity aids the vigilant, not those who sleep on their rights (Law of Limitation).
Ultra vires / Intra vires: Beyond the powers / Within the powers.
Locus standi: The right or capacity to bring an action to court.
Res judicata pro veritate accipitur: A matter already decided by a court is accepted as the truth.
Conclusion
Legal maxims might seem like "old world" Latin, but they are the heartbeat of modern Indian law. Mastering these will not only help you crack the AIBE but will also sharpen your arguments in the courtroom.
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