This law study guide is meant for BA LLB students who are just starting their journey in the world of law. In legal studies, legal maxims surely become your constant companions. Law students often fall back on these pithy Latin phrases encapsulating centuries of legal wisdom as a guiding light in the maze of legal systems – and to make sure that they are on the right path.

So, here we are – with the 25 top legal maxims that every BA LLB student in India should know:

1. Actori incumbit onus probandi

Translation: The burden of proof lies on the plaintiff.

This maxim reminds BA LLB students that in a lawsuit, the plaintiff (the one bringing the case) must provide evidence to prove their claim. This is to ensure a fair trial by placing the responsibility for proving the case on the one making the accusation.

2. Audi alteram partem

Translation: Hear the other side.

This fundamental principle emphasises fairness in legal proceedings. It guarantees that every party has the right to be heard and present their arguments. Since this maxim advises that both sides can present their case, it leads to a more informed and just decision.

3. Clausula generalis non derogat specialis

Translation: A general clause does not derogate from a special one.

This maxim states that specific laws take precedence over general laws. If a general law and a specific law conflict, the specific law applies. Hence, law students need to understand the hierarchy of laws and how they are applied in specific situations. It’s crucial for legal studies as it guides students in interpreting relevant laws.

4. Damnum sine injuria

Translation: Loss without legal wrong.

Just suffering a loss isn’t enough for a lawsuit. BA LLB students need to learn that to claim compensation, a legal injury must also be proven. This maxim means to prevent frivolous lawsuits and ensures that legal action is taken only when a genuine legal right has been infringed upon.

5. Ex turpi causa non oritur actio

Translation: No cause of action arises from an illegal act.

Law students should remember that courts won’t grant legal recourse if the plaintiff’s claim stems from their own wrongdoing. It means that if the person indulges in illegal behaviour, he or she cannot seek legal help to benefit from it.

6. Expressio unius est exclusio alterius

Translation: The express mention of one thing is the exclusion of another.

When a law explicitly mentions certain things, it implies the exclusion of others. Understanding this is important for legal interpretation in law studies. It helps law students understand the scope and limitations of a law statute by analysing what’s mentioned and what’s not.

7. Fictio legis

Translation: A fiction of law

Legal fictions are assumptions created by law, even if not entirely true, to achieve a just outcome. These are important concepts to understand for a comprehensive law study guide. These fictions are meant to simplify complex legal issues and allow for practical application of the law.

8. Ignorantia juris non excusat

Translation: Ignorance of the law excuses no one.

BA LLB students must remember that a lack of knowledge about the law isn’t a defence for breaking it. This principle ensures everyone is accountable for their actions, regardless of their knowledge of the law.

9. In pari delicto potior est conditio defendentis

Translation: In equal fault, the position of the defendant is the better one.

Where both parties are equally at fault, the court may favour the defendant. This discourages people from engaging in illegal activities, knowing they might not benefit even if the other party is also at fault.

10. Jus ad rem

Translation: Right to a thing.

There are two maxims. ‘Jus ad rem’ is about the right to property. ‘Jus in re’ is about a right in property. Understanding these is crucial for legal studies. Distinguishing between the different levels of rights one can have over property is essential for various legal areas like contracts and property law.

11. Jus naturale

Translation: Natural law.

It stands for concepts that go beyond laws created by humans – based on universal moral principles. Understanding jus naturale in legal studies helps BA LLB students consider the ethical underpinnings of the law. This legal maxim provides a framework for evaluating the fairness of positive laws (human-made laws) and advocating for legal reforms based on ethical principles.

12. Lex loci contractus

Translation: The law of the place of contracting.

This maxim is crucial for law students dealing with contracts. It states that the contract is generally governed by the law of the place where it was formed, not necessarily where it’s to be performed. This helps determine which legal principles apply when resolving disputes arising from a contract. It’s vital for understanding the complexities of international contracts.

13. Lex non scripta

Translation: The unwritten law.

This refers to common law, developed through judicial decisions over time. It contrasts with statutory law, created by legislatures. Understanding both in legal studies is essential for BA LLB students.

Lex non scripta provides a foundation for many legal areas and helps courts adapt the law to changing circumstances. This law study guide emphasises the interplay between common law and statutes.

14. Nemo dat quod non habet

Translation: No one can give what they do not have.

This maxim reminds law students that a person cannot transfer a better title to property than they themselves possess. If someone has a limited ownership right, they cannot convey a greater right to another. This is meant to protect buyers and ensure they acquire clear ownership of property. It’s crucial in areas like property law and contract law.

15. Nullum crimen sine lege

Translation: No crime without law.

This is a cornerstone principle. It states that an act cannot be considered a crime unless defined as such by law at the time it was committed. BA LLB students should understand that people cannot be punished for actions that weren’t illegal when they occurred. This maxim protects against arbitrary punishment and ensures fair application of the law.

16. Ratio decidendi

Translation: The reason for the decision.

This maxim is like the heart of a legal judgement. It refers to the legal reasoning used by a judge to reach a decision. This reasoning sets a precedent for future similar cases. Understanding ratio decidendi helps BA LLB students understand the legal principles behind past judgments and interpret laws accordingly.

By analysing ratio decidendi, law students can predict how courts might rule in future cases and build strong legal arguments based on established legal principles.

17. Stare decisis

Translation: To stand by things decided.

This principle emphasises the importance of following precedents. Courts generally uphold past decisions on similar cases to ensure consistency in the law. In this law study guide, we advise you to highlight landmark cases to establish important legal principles through stare decisis.

18. Ubi jus ibi remedium

Translation: Where there is a right, there is a remedy.

This maxim assures law students that the law provides a legal recourse for every legal right that is infringed upon. If someone’s legal right is violated, the law offers a way to seek compensation or other forms of legal correction.

Thus, it encourages people to seek legal solutions to problems and discourages taking matters into their own hands.

19. Volenti non fit injuria

Translation: No injury is done to the willing.

This maxim applies when someone knowingly consents to a situation that may cause harm. In such cases, they cannot then claim legal injury. For example, if someone willingly participates in a dangerous activity, they generally cannot sue for injuries sustained during that activity, assuming the risks were clear beforehand.

20. Mens rea

Translation: Guilty mind.

This concept is crucial for BA LLB students in criminal law. It refers to the guilty intention required for most crimes. Someone might accidentally commit an act, but without the mens rea, they wouldn’t be criminally liable. 

This legal maxim helps law students distinguish between criminal offences and accidents. It’s also essential for analysing the severity of crimes.

21. Actus reus

Translation: Guilty act.

Actus reus refers to the physical act itself that constitutes a crime. There must be a guilty act along with the mens rea (guilty mind) for criminal liability. For instance, stealing requires both the intention to steal (mens rea) and the act of taking something belonging to someone else (actus reus).

Actus reus establishes the objective element of a crime, ensuring that mere thought crimes aren’t punished without a concrete action.

22. De minimis non curat lex

Translation: The law does not concern itself with trifles.

This maxim reminds law students that courts focus on material issues in legal proceedings. Trivial matters are considered too insignificant for the law to bother with. This principle aims to prevent courts from being bogged down by minor issues and allows them to address more substantial legal matters.

23. Remedies are equitable

Translation: Remedies should be fair and just.

The law strives to provide fair and just remedies to those who have suffered a legal wrong. Remedies can take various forms, such as compensation, injunctions, or specific performance.

As BA LLB students, you should understand the different types of remedies available in various legal scenarios.

24. Lex specialis derogat legi generali

Translation: A special law overrides a general law.

Almost the same as clausula generalis non derogat specialis, this maxim also highlights the hierarchy of laws stating that a more specific law takes precedence over a general law if they conflict. 

Law students must learn to identify and apply the most relevant law to a particular situation. This legal maxim ensures greater clarity and precision in the application of the law.

25. Nemo judex in causa sua

Translation: No one should be a judge in their own cause.

This principle is fundamental for fairness in legal proceedings. It prevents bias by ensuring that no one can judge a case where they have a personal interest. This means protecting the integrity of the legal system and upholding the right to a fair trial before an impartial judge.

BA LLB students will end up memorising many more legal maxims during their 5-year course. These ones are just the tip of the iceberg. As you delve deeper into legal studies, you’ll realise how these maxims serve as a law study guide perfected by the sharpest minds worldwide. 

Keep reading our blogs to learn more legal maxims law students must know by heart.