Latin Legal Maxims

Omne sacramentum debet esse de certa scientia – Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt – All crimes (committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem – All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat – Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo – The best interpreter of laws is custom.
Optimus interpres rerum est usus – The best interpreter of things is usage.
Pacta privata juri publico non derogare possunt – Private contracts cannot derogate from public law.
Par delictum – Equal fault.
Pari passu – On an equal footing.
Partus sequitur ventrem – The offspring follows the mother.
Pater est quem nuptiae demonstrant – The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima – Wrongs against nature are the most serious.
Pendente lite nihil innovetur – During litigation nothing should be changed.
Per curiam – In the opinion of the court.
Per minas – By means of menaces or threats.
Per quod – By reason of which.
Post mortem – After death.
Prima facie – On the face of it.
Prima impressionis – On first impression.
Pro hac vice – For this occasion.
Pro rata – In proportion.
Pro tanto – So far, to that extent.
Pro tempore – For the time being.
Publici juris – Of public right.
Quaeitur – The question is raised.
Quantum – How much, an amount.
Qui facit per alium, facit per se – He who acts through another acts himself.
Qui haeret in litera, haeret in cortice – He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur – He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi – He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat – He who has not, does not give.
Qui non improbat, approbat – He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur – He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur – He who does not prohibit when he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius – He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet – He who is able and ought to forbit and does not, commands.
Qui prior est tempore potior est jure – He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus – He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur – He who is silent appears to consent.
Quid pro quo – Consideration. something for something.
Quidcquid plantatur solo, solo cedit – Whatever is planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non convalescit – What is not valid in the beginning does not become valid by time.
Quod constat curiae opere testium non indiget – What appears to the Court needs not the help of witnesses.
Quod necessarie intelligitur, id non deest – What is necessarily understood is not wanting.
Quod necessitas cogit, defendit – What necessity forces it justifies.
Quod non apparet, non est – What does not appear, is not.
Quod non habet principium non habet finem – What has no beginning has no end.
Quod per me non possum, nec per alium – What I cannot do through myself, I cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure – What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit – The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est – When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
Ratio est legis anima, mutata legis ratione mutatur et lex – Reason is the soul of the law; when the reason of the law changes the law also is changed.
Re – In the matter of.
Reprobata pecunia leberat solventem – Money refused releases the debtor.
Res – Matter, affair, thing, circumstance.
Res gestae – Things done.
Res integra – A matter untouched (by decision).
Res inter alios acta alteri nocere non debet – Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res judicata accipitur pro veritate – A thing adjudged is accepted for the truth.
Res nulis – Nobody s property.
Respondeat superior – Let the principal answer.
Rex est major singulis, minor universis – The King is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem – The King ought not to judge but according to the law.
Rex non potest peccare – The King can do no wrong.
Rex nunquma moritur – The King never dies.
Rex quod injustum est facere non potest – The King cannot do what is unjust.
Salus populi est suprema lex – The safety of the people is the supreme law.
Sciens – Knowingly.
Scienter – Knowingly.
Scire facias – That you cause to know.
Scribere est agere – To write is to act.
Se defendendo – In self defence.
Secus – The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum – Everything is presumed in favor of the legitimacy of children.
Semper pro matriomonio praesumitur – It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest – An interlocutory order can be revoked, a final order cannot be.
Servitia personalia sequuntur personam – Personal services follow the person.
Sic utere tuo ut alienum non laedas – So use your own as not to injure another s property.
Simplex commendatio non obligat – A simple recommendation does not bind.
Stare decisis – To stand by decisions (precedents).
Stet – Do not delete, let it stand.
Sub modo – Within limits.
Sub nomine – Under the name of.
Sub silentio – In silence.
Sublata causa, tollitur effectus – The cause being removed, the effect ceases.
Sublato fundamento, cadit opus – The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens – A subsequent marriage removes the preceding wrong.
Suggestio falsi – The suggestion of something which is untrue.
Sui generis – Unique.
Summa ratio est quae pro religione facit – The highest reason is that which makes for religion, i.e. religion dictates.
Suppressio veri – The suppression of the truth.
Suppressio veri expressio falsi – A suppression of truth is equivalent to an expression of falsehood.
Talis qualis – Such as it is.
Terra firma – Solid ground.
Testamenta latissimam interpretationem habere debent – Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit – Delivery makes a deed speak.
Transit terra cum onere – The land passes with its burden.
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium – When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est – Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius – Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es – Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam – The last will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat – That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur – What is useful is not vitiated by the useless.
Verba chartarum fortius accipiuntur contra preferentem – The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu – Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire – Words ought to serve the intention, not the reverse.
Verbatim – Word by word, exactly.
Vi et armis – With the force and arms.
Via antiqua via est tuta – The old way is the safe way.
Vice versa – The other way around.
Vide – See.
Vigilantibus non dormientibus jura subveniunt – The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona – A husband and wife are regarded in law as one person.
Visitationem commendamus – We recommend a visitation.
Volens – Willing.
Volenti non fit injuria – An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur – In offences the intent and not the result is looked at.
Voluntas reputatur pro facto – The will is taken for the deed.