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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 ...
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."
Qui facit per alium facit per se (anglicised Late Latin), [1] which means "He who acts through another does the act himself", is a fundamental legal maxim of the law of agency. [2] It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability." [3] According to this maxim, if in the ...
"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 competent judgement of their scope of action.
"Delays in the law are hateful" – In diem vivere in lege sunt detestabilis – is a Latin legal maxim. [15] On the other hand, "No delay [in law] is long concerning the death of a man," is another Latin lawyer's aphorism. [15] And, "It is not to be imagined, that the King will be guilty of vexatious delays." [16]
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.
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]
The Office of the Solicitor General of the Philippines (Filipino: Tanggapan ng Taga-usig Panlahat), formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo Guevarra. The Office of the Solicitor General is the "law firm" of the Republic of the Philippines.