Key Legal Maxims You Must Know for the AIBE Exam

1. Actus Non Facit Reum Nisi ens Sit Rea

An act doesn’t make a person guilty unless their mind’s also guilty

• The core of Criminal Law.

• Focuses on the wrongful act (Actus Reus) and the guilty mind (Mens Rea).

• Crime happens when both are present.

There’s no criminal liability if a person harms someone unintentionally and without negligence.

2. Audi Alteram Partem

Hear the other side

• Ensures natural justice

• Fair hearing before any judgment or disciplinary action is conducted

Both parties should receive an equal opportunity to present their cases in administrative or judicial proceedings.

3. Ignorantia Juris Non Excusat

Ignoring the law is no excuse

• Common in Civil & Criminal Law

• A person cannot be excused just because they didn’t know about the law

You will have to pay penalties even if you profess ignorance of the tax laws.

4. Nemo Judex in Causa Sua

Fairness in law means that nobody can act as both judge and party in the same issue.

• Important for natural justice

• Guarantees impartiality and fairness in decisions

If a judge has a personal interest or bias in a case, they cannot sit over it.

5. Res Ipsa Loquitur

The thing speaks for itself

• Used in Law of Torts

• Applies where negligence is quite obvious

• No need for direct proof

Negligence is a presumption when a doctor leaves an instrument inside the patient’s body.

6. Volenti Non Fit Injuria

If you consent, no injury is done.

• Defence in Tort Law

• A person who voluntarily consents to a risk

• Cannot claim damages later

High adrenaline activities like bungee jumping providers make you sign a consent form for no suing in case of injuries.

7. Salus Populi Est Supreme Lex

People’s welfare is the highest law

• Central to Constitutional Law

• Public interest outweighs individual interest

Restrictions on fundamental rights can be justified if they protect public safety or health.

8. Ubi Jus Ibi Remedium

Where there’s a right, there’s a remedy

• Foundational in Civil Law

• Every legal right must have an enforceable remedy

If someone’s property is wrongfully taken, they have a right to legal redress.

9. Qui Facit Per Alium Facit Per Se

The person who acts through another is deemed to act themselves

• Important in the Law of Agency

• What an agent does binds the principal as well

A company is liable for contracts signed by its authorised representatives.

10. Fiat Jutitia Ruat Caelum

Even if the heavens fall, let justice be done

• Embodies the spirit of judicial integrity

• Adherence to justice regardless of consequences

Courts must uphold justice even when it leads to politically or socially inconvenient outcomes

11. Actio Personalismoritur Cum Persona

A personal right of action dies when the person dies

• Applied in Tort Law

• Personal claims like defamation or assault cannot be carried out after the person’s death

If a dancer dies before the contractual performance, the dancer can’t be sued.

12. Caveat Emptor

Let the buyer beware

• Central to Contract and Consumer Law

• Reminds buyers to check the product’s or service’s quality/ terms/ suitability before purchasing

A buyer cannot claim compensation if they consume an expired beverage, even when the expiry date was mentioned on the can.