Legal Maxims

SESSION 3
10 MAXIMS PER SESSION
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Factum probans – Relevant fact.

Factum probandum – ultimate fact or the fact sought to be established
Indian Evidence Act, 1872 considers both Factum Probans and Factum
Probandum as Fact. Section 15 of the Act supports the fact.
Facts bearing on question whether act was accidental or intentional:
When there is a question whether an act was accidental or intentional, or done with a particular knowledge or
intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing
the act was concerned, is relevant.
Illustration : A is accused of burning down his house in order to obtain money for which it is insured.
The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred,
and after each of which fires A received payment from a different insurance office, are relevant, as tending to
show that the fires were not accidental.
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Fraus est celare fraudem – It is a fraud
to conceal a fraud

Lead Auditor of Enron- which destroyed

the documents of Enron.

After which Sarbanes Oxley act of 2002

came into existence.
3
Functus officio – No longer having
power or jurisdiction.
An officer or agency whose mandate has
expired either because of the arrival of an
expiry date or because an agency has
accomplished the purpose for which it was
created.
When used in relation to a court, it may also
mean whose duty or authority has come to an
end. "Once a court has passed a valid
sentence after a lawful hearing, it is functus
officio and cannot reopen the case."
4
Ignorantia juris non excusat :
Ignorance of Law is not an Excuse
Another Wording: Ignorantia legis neminem
excusat

Even though it would be impossible, even for

someone with substantial legal training, to be
aware of every law in operation in every aspect
of a state's activities, this is the price paid to
ensure that willful blindness cannot become the
basis of exculpation.
The doctrine assumes that the law in question
has been properly promulgated—published and
distributed
5
Ignorantia Facti Excusat : Ignorance
of Fact is Excused
Any act done under a mistaken
impression of a material fact is
excused.
Acts and contracts made under a
mistake or an ignorance of a
material fact are voidable.
However ignorance of law is not
an excuse.
6
Injuria sine damno – Injury without
damage.
In the famous Ashby v. White case, Mr
Ashby was wrongfully prevented from
exercising his vote at an election by the
misfeasance of a constable, Mr White.
Interestingly, the candidate for whom
Ashby wanted to give his vote had come
out successful in the election. Still he
brought an action claiming damages
because his legal right of voting was
infringed.
In this case, court allowed the damages.
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Ipso facto – By the mere fact.

 If a crime occurs then there is, ipso facto, a guilty party.
He was an outstanding pupil and, ipso facto, disliked by the rest of
the class
This is civil war, and civil wars are ipso facto destructive for all
involved.
Which , ipso facto, is apprehended by its performer as that pattern.
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Impromptu – In readiness.
 I’m not sure how many people will be able to attend the
impromptu party
Because Jane had an impromptu wedding, she didn’t send out
invitations.
The singer was more than willing to perform an impromptu song at
his friend’s concert.
After my girlfriends and I took one picture at the beach, we
couldn’t stop posing and ended up having an impromptu photo
shoot.
9

In lieu of – Instead of.

It will be gone, and you will have nothing valuable
in lieu of it.
In lieu of oil-lamps, small, conveniently placed
incandescent electric 6-volt lamps are employed; and these
are fitted with suitable switches and variable resistances.
English mayors' and civic officials' robes are frequently
trimmed with this fur in lieu of sable.
10
In personam – A proceeding in which
relief I sought against a specific person.
An in personam action can affect the defendant's personal rights and interests and substantially
all of his or her property.

It is
based on the authority of the court, or jurisdiction, over the person as an individual rather than j
urisdiction over specific
property owned by the person. This contrasts with in rem jurisdiction, or actions that are limited
to property of the defendantthat is within the control of the court. A court with in personam juri
sdiction in a particular case has enough power over thedefendant and his or her property to gra
nt a judgment affecting the defendant in almost any way.
 Practice Question: Match the Following

1. Factum probans A. Injury without damage.

2. Fraus est celare fraudem B. A proceeding in which relief I sought against a specific person.

3. Functus officio C. Ignorance of Law is not an Excuse.

4. Ignorantia juris non excusat D. No longer having power or jurisdiction.

5. Ignorantia Facti Excusat E. In readiness.

6. Injuria sine damno F. Relevant fact.

7. Ipso facto G. Instead of.

8. Impromptu H. Ignorance of Fact is Excused.

9. In lieu of I. By the mere fact.

10. In personam J. It is a fraud to conceal a fraud.

 Answers
1. F

2. J

3. D

4. C

5. H

6. A

7. I

8. E

9. G

10. B