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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 ...
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
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.
Pages in category "Legal doctrines and principles" The following 200 pages are in this category, out of approximately 313 total. This list may not reflect recent changes .
"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.
Glossary of Legal Terms and Phrases. The Army Service Schools, Department of Law. 1910. Google Books. Tayler. The Law Glossary. Ninth Edition. 1889. Google Books; Frederic Jesup Stimson. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. Little, Brown and Company. Boston. 1881. Google Books; J Kendrick Kinney. A Law Dictionary ...
earlier in time, stronger in law “First in time, greater in right.”A maxim meaning that the law favors those who establish their rights earlier rather than later. This principle is often cited in private law to support the claims of prior creditors over later creditors. pro aris et focis: For altars and hearths
A legal maxim related to property ownership laws, often shortened to simply sic utere ("use it thus"). sic vita est: thus is life: Or "such is life". Indicates that a circumstance, whether good or bad, is an inherent aspect of living. sic vos non vobis mellificates apes: Thus you not for yourselves make honey, bees.