LEGAL LANGUAGE & LEGAL WRITING SYNOPSIS

TOPIC – LEGAL MAXIMS

1. CAVEAT VENDITOR
2. POST-MORTEM
3. JUS COGENS

INTRODUCTION-
In law there is huge importance of basic principles. Legal maxims are principles of law which
are represented in Latin language. Many broad principles of law and equity can be easily
represented by use of legal maxims. The history of legal language can be traced back to
roman age. These terms are being readily used by lawyers and judges during the legal
proceedings. These are the ideals of law which a judge considers while deciding a case in the
court of law. There are some maxims of which principles are there in codified laws. During
medieval and modern age many legal issues related to rights of individuals and remedies
available to the individuals and liability of the individuals were decided with references legal
maxims. The legal maxims in a unique way put forth the legal principles directly and they
follow the principles of natural justice. Most of the legal maxims finds their base from reason
and necessities. Based on these principles many cases were decided by the judges. The legal
maxims find their relevance in legal codes of every civilised nations. In modern times with
increase in commercial and technological advancements, the nature of litigations has
changed. There are different types of legal cases that have been evolved with changing
society and values, but all these changes have not diminished the importance of fundamental
principles of law or the legal maxims. The legal maxims which were originated in roman age
have not lost their significance and we can still find substantial use of legal maxims in
judgements, law reports, articles, law review. Hence it is justified to say that the
fundamentals of law find themselves in legal maxims. And they continue to be integral part
of any operations in the field of law.

OBJECTIVE OF STUDY-

The objective of the research work is to analyse and describe how the legal maxims have
been used in various judgements.
SCOPE OF STUDY-

The scope of this project on legal maxims is limited to three maxims. Under each maxim two
legal cases will be analysed to observe and analyse under what circumstances they have been
used. The three maxims are-

1. Jus Cogens

2. Post-mortem

3. Caveat Venditor

RESEARCH METHODLOGY-

The researcher has used doctrinal method of research. The research will be based upon
analytical, explanatory and descriptive method of study.

HYPOTHESIS-

In the modern day and age, the use of legal maxims as fundamental rules of law in legal cases
while deciding cases and writing judgements has not diminished.

RESEARCH QUESTION-

Whether in the modern day and age the use of legal maxims as fundamental rules of law in
legal cases while deciding cases and writing judgements has diminished.

SIGNIFICANCE OF STUDY-

The research project will be of a great use in understanding the application of legal maxims
while deciding cases. The project will hence help in simplifying the meaning of legal maxims
and the circumstances under which it will be applied. The project will be of great significance
to have a good understanding about the above-mentioned legal maxims.

NAME- AMANDEEP MALIK

ROLL-NO- 19LLB076