Essential Legal Maxims for LLB Entrance
Exam Snapshot
Legal maxims are concise expressions of foundational legal principles. Examiners use them to test your understanding of core doctrines rather than just rote definitions. Focus heavily on the distinction between Damnum (loss) and Injuria (legal injury).
Core Concept
| Maxim | Meaning | Legal Context |
|---|---|---|
| Audi Alteram Partem | Hear the other side | Natural Justice |
| Nemo Judex in Causa Sua | Judge not in own cause | Natural Justice |
| Actus Reus... | Act + Mind = Guilty | Criminal Law |
| Ignorantia Juris... | Ignorance is no excuse | All Codes |
| Res Ipsa Loquitur | Facts speak for self | Torts/Negligence |
| Damnum Sine Injuria | Loss without legal injury | No Remedy |
| Injuria Sine Damnum | Legal injury without loss | Remedy Exists |
| Delegatus... | No delegation | Agency |
| Ex Turpi Causa... | Shameful cause | Contracts |
| Ubi Jus Ibi Remedium | Right = Remedy | Civil Procedure |
| Volenti Non Fit Injuria | Consent to risk | Tort |
| Ratio Decidendi | Basis of decision | Precedent |
| Obiter Dicta | Incidental remark | Precedent |
| Stare Decisis | Stand by decisions | Precedent |
| Caveat Emptor | Buyer beware | Contract Law |
| Qui Facit... | Act through agent | Vicarious Liability |
| Salus Populi... | Public safety is supreme | Constitutional Law |
| Ex Post Facto | Retrospective law | Criminal Law |
| Nemo Dat... | No title transfer | Property/Sales |
| Ab Initio | From the start | Void Acts |
Nepal Law Anchors
- Constitution of Nepal: Art 20 (Right to Justice/Natural Justice principles).
- Muluki Civil and Criminal Codes: These maxims are embedded in interpretations of negligence, contract liability, and court procedures.
Confusable Terms
- Damnum Sine Injuria vs. Injuria Sine Damnum: The former involves loss without legal breach (no action); the latter involves legal breach without loss (actionable).
MCQ Traps
- Always check: Was a legal right breached? If yes, even without monetary loss, it is Injuria Sine Damnum (actionable).
Memory Hook
Use the D-I-N-J mnemonic:
- Damnum (Loss) + Injuria (No legal right violated) = No Damages.
- Injuria (Right) + No Damage = Actionable (Remedy exists).