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A maxim is a moral rule or principle, which can be considered dependent on one's philosophy. A maxim is often pedagogical and motivates specific actions. The Oxford Dictionary of Philosophy defines it as: Generally any simple and memorable rule or guide for living; for example, 'neither a borrower nor a lender be'.
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 ...
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
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.
"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.
Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage by treading down the grass, grain, etc. [9] Dual representation. A concept where one lawyer represents two people who may have conflicting interests. [10] [11] It may occur in immigration law, family law, or real estate law, for example.
Law of the case; Learned intermediary; Legal certainty; Legal immunity; List of Latin legal terms; Legal transplant; Legality; Legality of the War on Drugs; List of international and European laws on child protection and migration; Living tree doctrine; Loss of chance in English law
Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common.