CLAT 2019 | Important Legal Maxims | DU LLB AILET Law Entrance Exam
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CLAT 2019 | Important Legal Maxims | DU LLB AILET Law Entrance Exam

Hey Everybody! I am Priya & you are watching Finology Legal. in today’s video we are going to discuss important legal maxims & legal terms asked in CLAT &other important exams. in addition to that every information discussed in this video and one important quiz can be found in the discription box of this video So dont forget to check it First of all, lets check the important maxims in law of torts so these two maxims are where the discussion on law of torts begins damnum sine injuria & injuria sine damnum This word “sine”, it means “without” Damnum means damages, any damage done and injuria means injury on the basis of maxim in which the word is used, depending on that it could be a legal injury or illegal injury lets understand this with an example suppose that you park you vehicle in a wrong place, in a non parking area. and you are fined with a challan of Rs. 200 this loss of Rs. 200 it would be “Damnum”, or damages but this damage done is it a result of a legal act? or illegal act? a result of legal act, because it was your mistake. so this would be the first maxim meaning that you do suffer damage, but not because of any illegal act similarly, injuria sine damnum lets say that someone breaks into garden of your house. he comes in and just stands you do not suffer any loss because of standing there but, since you have a right against trespass and a right over the area of your garden so your legal right has been violated so in this condition what has happened is that you have suffered a legal injury, but without any actual damage so damnum sine injuria means damage without illegal act or illegal injury and injuria sine damnum means legal injury without actual damage next is so “remedium” means remedy and where ever you see the word “jus” or “jure” so it means “law”, “right”, “justice” and as we say in Hindi, “here”, “there” or as we say in English “where”, “there” similar are the words “ubi” & “ibi” so the meaning of this maxim is, where there is a right, there is a remedy meaning of this maxim is that whereever there is a riht, for its protection, there will necessarily be an euivalent remedy for example, our fundamental rights famous case of this maxim is Ashby v. White and famous case for Damnum sine Injuria is Gloucester Grammar School Lets also check some terms. First is Defamation so if you harm anyone’s reputation that is know as defamation now defamation can be done in two ways: Slander & Libel Slander means spoken word nowif you damage someone’s reputation by talkking about it thant would be called Slander similarly, if you defame someone by printing it in a news paper or by print media that would be known as libel lets know abut such maxims which are important legal principles as well first we have now, “ignorantia” means ignorance and “excusat” means excuse like I just told you that “Juris” or “Jure” means justice/ law/ right and please keep this in mind that whichever maxim uses the word “non” that wuld be an exception. so what would be the meaning of the maxim? lets understand this with a common example suppose that you are driving a vehicle on a high way you are stopped by Police patrolling and checks your car’s trunk some things are found in it but you had no knowledge about it in this situation, yoou can use this exception You did not know lets take same example again you are driving on a highway where top speed permissible is 100km/ hr. but you are driving at 150 kms/hr youo are stopped and you say, “Oh, I did not know that top speed allowed is just 100. so you cannot take this defence every person, who lives in India or abroad he must have complete information about Law for the next important maxim, lets understand these two terms first so these two terms “reus” and “rea” mean guilt/ guilty so meaning of Actus reus is guilty act and mens rea, “Mens” mans mind. mens rea means guilty mind sometimes, don’t we say that, “it happened by mistake” “i had no intention of doing it.” that exactly is as I have said if “non” word is used in some maxim, it would be an exception and what are the rest of the words? Actus reum meaning guilty act and mens rea meaning guilty ming meaning of this maxim is that lets understand this with an example you go out for hunting you sense some animal behind the bushes and shoot it. while it turns out to not be an animal but anothere hunter in this, you did commit a guilty act, and killed that person but behind that act of killing, was there any guilty intention? No, right. So you can take this exception. that guilty act amounts to nothing unless their is a guilty intention behind it. now these two maxims can be found in constituion as well so first is meaning of “Nemo” is nobody “bis” means twice, two times. and keyword of “vexari” is ‘vex’ which means harassment so meaning of this maxim is that for same act, for same cause of action no person can be punished twice and this exactly is Doble Jeopardy principle of Article 20 of the constitution then we have nemo tenetur seipsum accusar Nemo means nobody Keyword for “accusar” is accused so the meaning of this maxim is that and this exactly is in Article 20 as Self incrimination principle. Next category is “Contract” first, lets understand these 3 terms. first is “valid” suppose, you and I enter into a contract there is lawful object, lawful consideration and everything meaning that you & I, both want to perform this contract so this will be called “valid contract” while the other is “voiidable” Suppose, I sell you a house. but I did not tell you this, at the time of selling, that there is a leakage in the roof and the water drips so now, you wish to get out of this contract you do not want to perform this contract so this will be called voidable contract 3rd is voiod ab initio noow this word “void”, it is opposite of valid lets see an example Suppose, today,, two kids each of 13 years of age are made to marry each other. so their marriage would be called “void ab initio” meaning that this marriage it is void since its beginning, since it was solemnised meaning that it had no acceptance in law so these wre Valid, voidable & void ab initio next is “caveat emptor” meaninf of “caveat” is notice so meaning of Caveat emptor is let the buyer Beware its meaning i that every purchaser must utilise proper caution he must not be ignorant so whenever you purchase a medicine or a food product then yoou must properly check that if its expiry date has passed or if it is fresh. this is your duty. then we have Respondent Superior meaning of Respondent is to respond to reply and Superior means upper authority these two maxims are almost similar, so lets understand them with examples suppose, my driver drops me to office from home. and he leaves back for home, after dropping me. but an accident happens with him on the way back. so for this accident, I would be responsible. why? because the driver was working according my directions. this exactly is the maxim of Respondent superior which means that that person, who is providing directions it is his responsibility to answer and similarly we have lets first, understand it with an example suppose you go to a bank to deposit money the agents there, take your money but they commit a mischief in depositing the money for that, you can hold the agent responsible and also to the bank (principal) why? because of this maxim this maxim means that meaning if you are doing an act through medium of an agent then it will be presumed that whatever work that agent is doing that is actually done by you next maxim is this maxim it applies to very limited cases and in very limited countries lets found out what it is see “Moritur” means mortuary meaning death and personalis means Personal Laws meaning of this maxim is suppose there are 2 persons and this one harms this one in some way now if anyone of these 2 dies then right of action will end as well. meaning a personal right of action dies with the dead this is the meaning of this maxim and thats why, it is applied in limited cases next is keyword of “consensus” is consent meaning, suppose i have to sell you a vehicle in my mind i believe that I have sell a black car and you believe that i have to sell a white car and both of us enter into a contract so in this case, there is no consensus ad idem, its meaning is “meeting of minds” both the parties, who are contracting in relation of certain things there should be a meeting of mind/ a common understanding you must have heard a saying in childhood it has a differnet interpretation , right? lets understand from this, some important maxims and terms of interpretation of statutes Noscitur means to recognise and “scois” means allies/ friends so meaning of this maxim is where a lot of words are used, out of which meaning of a word is not fixed it can have multiple meanings then, meaning of that word shall be derived from its association very similar is the maxim of Ejusdem Generis Generis means General nature same matter to be followed for exaMple, if A,B,C,D ETC. can we include 1,2,3.. in this etc.? no, right. because same pattern needs to be followed this exactly is the rule of Ejusdem Generesis that whatever general pattern is being followed, that shall be followed ahead as well after this, know this that every judgement has 3 parts stare decisis, ratio decidendi 7 obiter dicta stare decisis is that part which is known by normal public, ad everyone in general Stare decisis can also found in Article 141 of the constitution this principle says that if court evolves some principle on basis of facts of some case then even afterr this case if there is anther case with similar facts same principle shall be applied on that case too this is called stare decisis then we have ratio decidendi so in any case, what rationale has been applied, what reasoning has been applied and judgement was declared that part is called ratio decidendi then there is obiter dicta, which is personal opinion of judges, and personal coomment and this is not binding in nature come lets check the maxims in administrative law so the most important maxim in administrative law is Audi means to hear alteram means alternate/other and partem means party so meaning off this maxim is hear the other side this is basic principle of natral justice and administrative law that in any case both parties will be given equal opportunity to present their own case the court cannot declare judgement without hearing any party 2nd is nemo means nobody, judex means judge and sua means one’s own Suo moto- by oneself so meaning of this maxim is lets understand this with an example suppose in an office an employee has to charge her employer for sexual harrasment so the employee goes to the internal cell in that internal cell, the employer himself cannot judge the matter this exactly is the maxim that in one’s own case, nobody can be the judge come, in this last lot, learn about some other important maxims firstly we have see, wherever this word “e-q-u-o” is used “e-q-u” of the equality, then it means equity just. and wherever this word “Bono” is used it means good. so the meaning of this maxim is in equity & good conscience in case of administrative law whenever someone is a judge its his duty that he pronounce a judgement in light of equity and good conscience similary, there is Ubberima fide & bona fide see, meaning of fide is “faith” Bona means good. Good faith and meaning of uberrima fide is utmost fgood faith now before discussing these 3 maxims, lets check an example suppose, there were only 2 persons present in a room. one was holding a gun. and another as hit by a bullet there was no other gun in the room as soon as you imagine this scene, you believe that the first person must have pulled the trigger this exact scenario has been mentioned in these 3 maxims meaning of all 3 maxims is same that you understand what could have possibly happened with just a look first we have res ipso loquitor which means that the thing speaks for itself what has happened, explains itself then we have ipso fact, which means by the very fact and 3rd is prima facie, which means on the face of it so the 3 are almost synonymous which mean that only by look you can understand what has actually happened then we have these 2 writs Meaning of corpus is body. and Habeas means present so meaning of Habeas corpus is to present a body if some person is illegally detained then we apply this writ and say that person must be presented then we have quo warranto, which is also a writ. quo means what. and warranto means warrant/ authority so quo warranto means by what authority by using this writ you can question any public officer that by what authority, are they holding the office then we have Amicus curae it means Friend of the court see whenever any case is proceeded, it is not necessary that judges have complete knowledge pertaining to the case in this situation, they appoint an Amicus CUrae meaning an independent researcher, who is not related with the case he conducts an independent research for the court in the given case then we have deliquency & Doli incapax see- Deli-Doli means a kid Deliquency means such a crime which is committed by a juvenile while Doli incapax maxim means such a kid who is younger than 7 years he cannot commit any crime So deli and doli can be remebered with “kid” then we have res judicata and sub judice. Meaning of judicata and judice is a case res judicata means a case that has already been decided. it is done. while sub judice means that the proceeding on a case is still going on. so res judiata means a matter has been decided and subjudice means a matter is under consideration and final is modus operandi which means Mode of Operation so these were CLAT related some important legal maxims and legal terms it took a lot of harwork to prepare this video if I should make CLAT related videos or not all information related to this video and a quiz regarding maxims and terms you can find it in the discription box


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