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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 ...
A maxim is thought to be part of an agent's thought process for every rational action, indicating in its standard form: (1) the action, or type of action; (2) the conditions under which it is to be done; and (3) the end or purpose to be achieved by the action, or the motive. The maxim of an action is often referred to as the agent's intention.
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]
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.
Natural law theory has medieval origins in the philosophy of Thomas Aquinas, especially in his Treatise on law. In late 20th century, John Finnis revived interest in the theory and provided a modern reworking of it. [13] For one, Finnis has argued that the maxim "an unjust law is no law at all" is a poor guide to the classical Thomist position ...
the law of God is the lamp of life: Motto of the Presbyterian Ladies' College, Melbourne: Lex dilationes abhorret: The law abhors delay [2] lex est quodcumque notamus: the law is whatever we write down: Motto of the Chamber of Notaries of Paris. Also lex est quod notamus. lex ferenda: the law that should be borne: The law as it ought to be. lex ...
This list of Ivy League law schools outlines the five universities of the Ivy League that host a law school. The three Ivy League universities that do not offer law degrees are Brown , Dartmouth and Princeton ; they are the smallest universities in the Ivy League by enrollment.
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.