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Legal maxim. 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 ...
Justice delayed is justice denied. "Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. [1]
Landed property, tenement of land, especially with respect to an easement ( servitude ). 2 types: praedium dominans - dominant estate ( aka dominant tenement) praedium serviens - servient estate ( aka servient tenement) praeemptio. previous purchase. Right of first refusal. praesumptio.
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. " 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 ...
Fiat justitia ruat caelum. Crest of the family of Joseph Drew of Weymouth, Dorset, 1870. Variant spelling cœlum. Fīat iūstitia ruat cælum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.
Hard cases make bad 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. [1]
Casum sentit dominus. Casum sentit dominus or res perit domino [1] [2] is a Latin legal phrase that loosely translates to "accident is felt by the owner". [3] It means that it is the owner who has to assume the risk of accidental harm to him or accidental loss to his property. Taken more generally it connotes the foundational private law ...