“actus non facit rea nisi mens sit rea”
There can be no crime without a guilty mind
(Crime involve two things: one is actus reus = act/action and second one is mens rea = guilty mind)
“ad valorem”
According to the value
Tax evaluation can be of two types:
1 - Quantity of commodity and
2 – Value of the commodity
“amicus curiae”
A friend of the court of tribunal i.e. a non-party who gives
evidence before the court, so as to assist it with research, argument or
submissions
(advocates are friend of the court)
“audi alterem partum”
Giving opportunity of hearing of the other side, it also termed as hear the both parties
“ex parte”
Judgement on the behalf of only one party (only in absence of another party)
“assentio mentium”
Meeting of the minds
“bona fide”
In good faiths (without intention of deceive)
Opposite: “mala fide”
“bona vacantia”
Property with no owner
“corpus bona
vacantia”
dead body without owner (in case of no owner, government is the ultimate owner)
“caveat emptor”
Let the buyer beware
“caveat venditor”
Let the seller beware
“corpus delicto”
Body of crime
“damnum sine injuria”
Damage without injury
“injuria sine damnum”
Injury without damage
“de die in diem”
From day to day life (Mainly used in taxation/penalty)
“de minimis lex non curat”
The law doesn’t take account of trifles (small disputes)
“doli incapax”
Incapable of crime
“ejusden generis”
Of the same nature
“ex post facto”
Before the fact
“ignorantia jurus non excusat”
Ignorance of the law is no excuse, everyone should know it
“locus standi”
Signifies a right to be heard
“nemo debet esse judex in propria sua causa or nemo judex causa sua non”
No one should be made a judge in his own cause
“nemo dat quad non habit”
No man can a better title than he has
“noscitur a sociis”
A doctrine or rule of construction
“obiter dictam”
An incidental or passing remark, opinion, etc
“pari materia”
On the same subject or matter
“per incuriam”
A case settled with lack of care so that the decision is wrong
“qui facit per alium, facit per se”
He who acts through another does the act himself
“quid pro quo”
Something for something/consideration
“ratio decidendi”
Part of the judgement which possesses the authority
“res judicata accipitur pro veritate”
A thing adjudicated cannot be put for adjudication again
“salus populi suprema lex”
The welfare of the people is the supreme law
“stare decisis”
Courts must adhere to statues in all the their decisions
“ubi jus ibi remedium”
When there is a right there is a remedy