37. „Maxim Nullus commodum capere potest de injuria sua propria has a clear mandate from the law that a person who, by manipulating a process, destroys the legal rights of others, should not be allowed to exploit his wrongs or manipulations. In this case, defendants 2 and 3 and the appellant acted jointly in the sale of the pledged property and can no longer be allowed to re-argue that liability arising from the sale of the goods cannot be attributed to defendants 2 and 3 and, in any event, to the appellant. 63. „If the recording of confessions by the police is deemed necessary by the Parliament and in accordance with the legal order, an additional safeguard clause under Article 32(4) and (5) is a fortiori permissible. In our view, the provision requiring such a person to appear before the magistrate is an additional safeguard. This gives that person the opportunity to reconsider their confession. » 7. „. To determine whether a decision is „declared just“, a law cannot be called if a concession point is sold and the principle underlying a decision is binding.
A judgment of the Court must be read in conjunction with the questions raised in the case which gave it. An obiter dictum, distinct from a ratio decidendi, is a remark made by the Court on a question of law raised in a dispute pending before it, but which does not arise in a manner requiring a decision. Such an obiter may have no binding precedent, since the remark was not necessary for the decision proclaimed, but even if an obiter may not have binding effect as a precedent, it cannot be denied that it carries considerable weight … In other words, a reasonable amount of money to be paid for services rendered or work performed if the amount due is not specified (specified, written) in a legally binding contract. A list of important legal maxims and foreign words to help you accurately grasp aspects of legal adequacy. 33. „A person who affirms his own shame cannot be heard in any instance, what can be said of a criminal court, as explained by the legal maxim `allegans suam turpitudinem non est audiendus`. If petitioners have committed injustice by occupying public land, they cannot be allowed to profit from their own injustice. 68. Jus Necessitatis – This is a person`s right to do what is required, for which no threat of legal sanction is a deterrent.
The one who is first in time is more demanding. A legal principle that older laws take precedence over newer ones. I am glad that these legal maxims and their meaning have helped you. Legal maxim, a broad phrase (usually formulated in a fixed Latin form), some of which have been used by jurists since the 17th century or earlier. Some of them date back to early Roman law. Much more generally than ordinary legal norms, legal maxims generally articulate a legal policy or ideal that judges should take into account when deciding cases. Maxims do not normally have the dogmatic authority of laws and are not normally regarded as laws, except to the extent that they are applied in clear-cut cases. In California, certain maxims have been incorporated into the Civil Code; An example is: „Any person may renounce the benefit of a law intended exclusively for his own benefit. But a law created for public reasons cannot be violated by a private agreement. (For example, an agreement not to invoke the limitation period is binding, but an agreement not to rely on the fact that a particular contract constitutes an unlawful restriction on trade is not.) Another example is: „The law never requires impossibilities“: Lex non cogit ad impossibilia. (Thus, an actor who falls ill is exempt from representation, although his contract does not provide for it.) There is no harm without recourse, or when there is a legal right, there is a recourse.
A similar sound has been heard in Scotland; and it has been well observed that a glance at the pages of Morison`s Dictionary of Decisions or other ancient accounts will show how often in ancient Scottish law questions of respect for the rights, remedies and duties of individuals were determined by direct reference to legal maxims. Most lawyers like to throw Latin phrases. The reason for this is that the legal system of ancient Rome had a strong influence on the legal systems of most Western countries. After all, the Romans had once conquered most of Europe, the Middle East, and North Africa. The Roman motto was divide et impera (dee-vee-deh eht im-peh-rah) – „divide and rule“. When they conquered the nations, they set out to „Latinize“ the „barbarians“ (all those who were not Romans). Their goal was to teach them to think, act and be like true Romans. As the Roman Empire disintegrated and disappeared, the new orders in all these countries gradually adapted to the existing legal system.
England (and most of its former colonies) and the United States of America use a variant of ancient Roman law called „common law“. That`s why today`s lawyers love these Latin phrases! (Well, that and the fact that you can`t leave law school without mastering it.) 98. Pacta Sunt Servanda – Agreements must be respected. Or the agreements are legally binding. This legal maxim states that every accused person has the right to plead not guilty and that a witness is not required to give an answer or produce any document incriminating him.