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A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim.The word is apparently a variant of the Latin maxima, but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on regular ...
"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1] [2] It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.
The maxim is a shortened form of the fuller 18th-century formulation: qui facit per alium, est perinde ac si facit per se ipsum: "whoever acts through another acts as if he were doing it himself." Indirectly, the principle is in action or present in the duty that has been represented by the agent so the duty performed will be seen as the ...
The first edition was published in 1891 by West Publishing, with the full title A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems.
Regulæ Juris, [1] also spelled Regulae iuris (Latin for 'Rules of Law'), were legal maxims which served as jurisprudence in Roman law. [2]The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces ...
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case. [1] The maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof. [1]
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
In United States constitutional law and criminal procedure, the sugar bowl refers to a legal maxim relating to one of the restrictions on searches and seizures imposed by the Fourth Amendment to the United States Constitution. It specifically refers to the areas that may be searched in pursuit of the items stipulated in the warrant in relation ...