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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."
Although Edward Law, 1st Baron Ellenborough (pictured) rejected a categorical application of the rule falsus in uno, falsus in omnibus for English courts in the year 1809, the doctrine survives in some American jurisdictions. [1] Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4]
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 ...
In law, a de bene esse deposition is used to preserve the testimony of a witness who is expected not to be available to appear at trial and be cross-examined. de bonis asportatis: carrying goods away: In law, trespass de bonis asportatis was the traditional name for larceny, i.e., the unlawful theft of chattels (moveable goods). de dato: of the ...
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.
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]
Nulla poena sine lege (Latin for "no penalty without law", Anglicized pronunciation: / ˈ n ʌ l ə ˈ p iː n ə ˈ s aɪ n iː ˈ l iː dʒ iː / NUL-ə PEE-nə SY-nee LEE-jee) is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law.
The exact phrase as used for approval of justice at all cost—usually seen in a positive sense—appears to originate in modern jurisprudence. In English law, William Watson in "Ten Quodlibetical Quotations Concerning Religion and State" (1601) wrote "You go against that general maxim in the laws, which is 'Fiat justitia et ruant coeli.