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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 ...
Maxims of equity; Maxwellisation; Medical necessity; Meeting of the minds; Merger doctrine; Merger doctrine (civil procedure) Merger doctrine (copyright law) Merger doctrine (family law) Merger doctrine (property law) Merger doctrine (trust law) Mirror image rule; Mistake (contract law) Mootness; Moral certainty; Mosaic theory of the Fourth ...
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
An example is law prohibiting genocide. jus gentium: law of nations Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello: law in war Laws governing the conduct of parties in war. jus inter gentes: law between the ...
Nemo auditur propriam turpitudinem allegans is a civil law maxim [1] which may be translated into English as "no one can be heard to invoke his own turpitude" [2] or "no one shall be heard, who invokes his own guilt". [3]
For example, in Michigan the so-called "910 Report" must be filed after a matter is under advisement for more than 90 days. It requires the judge to file a certified statement with the court administrator specifying the case, the matters taken under advisement, the reasons for the delay, and the estimated time of arrival for the cure to the ...
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Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.