Professional Documents
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Legal Maxim Glossary
Legal Maxim Glossary
d intent. or an act does not make a defendant guilty without a guilty mind. or an act does not constitute guilt unless done with a g
nt against an issue
ial authority
ion to issue on a judgment without delay
matter mentioned in the caveat without first giving notice to the caveator.
cant details. A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrong
ing the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not
al consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In crimi
preceding and following
the judgment
es not exist
ntract or form the frame of mind necessary to commit a crime. or a person with mental illness has no free will.
ntracted because consent is needed
er act is a special law, the general law is partially repealed If the general law is enacted later, legislative intent must be first deter
other words, a person who is unaware of a law may not escape liability for violating that law merely because one was unaware o
ssessor is better
an accessory; but a principal only
he possessor is better
ed or implied
d according to law
tood rather than the affirmative
st wills be sustained
ly his own property
be an end to a legal controversy or end to litigation
of possession and takes away from the true owner his action
sidered wrong in and of itself.’ For Example, Most human beings believe that murder, rape, and theft are wrong, regardless of wh
inherently bad, but because the act is prohibited by the law of the state.’
ty, to compel the performance of a public duty.
remark made by a judge. It does not act as a precedent. In other words, Obiter dictum means “that which is said in passing,” an
money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally
ms a public office.
ecome valid by time
decision is based.
f the law changes the law also is changed
object; or let each be put in its proper place
al order cannot be
ally a component of an argument that, if debunked, causes the entire argument to crumble.
aw is the same, and the same judgment should be rendered as to similar things
actment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by brin