Legal maxims for CLAT 2026
are authoritative statements in Latin that are brief and to-the-point reflecting the fundamental principles of law that constitute a significant part of the
CLAT 2026
exam. In the legal profession, the Legal maxims lays the foundation for legal reasoning, judicial interpretation, and statutory law, fairness, and equity. Maxims originated in early Roman Law and Medieval Europe, but in modern times they are being utilized by Indian courts as an integral part of formulating statutes, and landmark judgments, and giving rise to critical legal concepts.
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History of Legal Maxims
The origin of Legal maxims can be traced back in Medieval Europe. Especially, the European states where Latin was the dominant legal language have given rise to the Legal maxims. Early Roman law (Corpus Juris Civilis under Emperor Justinian, 6th century CE) and Canon Law (Church Law) may also serve as the origins of legal maxims. However, the emergence of Legal Maxims did not take place in Rome but with Greek philosophers like Aristotle who introduced the principles of equity, justice, and fairness leaving a major impact on legal thought.
After the Norman Conquest (1066), common law courts were established in England where the maxims implemented by judges to decide cases were influenced by Roman law and canon law. Initially, Legal maxims were made an integral part of English legal literature by English Jurists like Sir Edward Coke (1552–1634), Francis Bacon, and at a later stage by Sir William Blackstone (1723–1780). The reference of maxims were extensively found in Coke’s Institutes and Blackstone’s Commentaries on the Laws of England. Times when commerce and new legal disputes were emerging in the 16th and 17th centuries, the maxims were prioritized to bridge the gaps or loopholes in common law.
With the expansion of the British Empire, the impact of maxims spread into India, America, and other colonies. Local jurisprudence was heavily influenced by maxims. In the modern era, remnants of Latin maxims may also be found in the Indian legal system that was based on Anglo-Indian codes. Interpreting contracts and constitutions by courts in the United States still require the reference of maxims.
Modern-Day Applications of Legal Maxims for CLAT 2026
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In the modern day, legal maxims are used by judges or lawyers as interpretative tools or guiding principles to formulate judgements. Find the modern day applications of Legal Maxims for CLAT 2026 below.
Legal Maxims | Meanings |
|---|---|
Accomplice | Person associated with a crime |
Accused | Person charged with the offence |
Actus reus | Guilty act |
Actus non facit reum, nisi mens sit rea | An act does not make a person guilty unless there is a guilty mind or criminal intention |
Actori incumbit Onus probandi | responsibility to provide evidence against the litigant and legitimize their case lies with the person who initiates the lawsuit (plaintiff) |
Actio personalis moritur cum persona | The personal right of action dies with a person |
Ab Initio | From the beginning |
Actionable per se | No proof of damage is required for the action to be punishable |
Audi alteram partem | Both the parties must be heard and no man shall be condemned unheard |
Ad hoc | For the specific purpose |
Bonafide | Good faith |
Bona Vacantia | Goods without an owner or goods on which there’s no claim of ownership |
Boni judicis est ampliare jurisdictionem | It is the duty of a competent judge to enlarge his jurisdiction to ensure justice |
Causa proxima et non remota spectatur | The immediate cause is to be considered and not the remote cause |
Caveat emptor | Let the buyer beware |
Child in conflict with law | A child who has not completed 18 years of age on the date of commission of offence and is alleged or found to have committed an offence |
Consensus ad idem | both parties to a contract should have a common intention to comply with the terms outlined in the contract |
Convicted | Person held guilty by the court for a crime |
Damnum sine injuria | Damage without injury |
De minimum non curat lex | Law does not concern itself with trivial matters that are not worthy of judicial scrutiny |
Doli incapax | Immunity of children from criminal liability who are incapable of doing wrong or knowing the consequences of his actions |
Ex turpi causa non oritur actio | No action can arise from an illegal act |
Ex Post Facto | After the fact |
Fiduciary | A relationship based on trust or good faith |
Ignoratia facit excusat | Ignorance of fact or knowledge is excusable |
Ignorantia juris non excusat | Ignorance of law is not excusable |
Innuendo | Hidden form of defamation |
Intestate | Dying without leaving a will |
In rem | Lawsuit directed toward people at large or against the whole world |
Jus Naturale | Natural Justice |
Locus standi | Right to take the stand |
Malafide | Bad faith |
Mutatis Mutandis | All necessary changes having been made within contracts |
Nemo judex in Causa sua | No person shall be judge in his own case |
Pari passu | Equal footing |
Pendente lite | During litigation |
Prima Facie | On the very face of it |
Public prosecutor | Counsel for state |
Ratio Decidendi | The reason for the decision |
Res Ipsa Loquitur | Thing speaks for itself |
Also Read: Tips to Prepare for Current Affairs Section of CLAT 2026
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