Search results
Results From The WOW.Com Content Network
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 ...
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
A formal statement of fact. / ˌ æ f ɪ ˈ d eɪ v ɪ t / allocatur: it is allowed Generally, a statement from a court that a writ is allowed (i.e. granted); most commonly, a grant of leave to appeal by the Supreme Court of Pennsylvania, in reference to which the word is used equivalently to certiorari (q.v.) elsewhere. / ˌ æ l l oʊ k eɪ t ...
Although Edward Law, 1st Baron Ellenborough (pictured) rejected a categorical application of the rule falsus in uno, falsus in omnibus for English courts in the year 1809, the doctrine survives in some American jurisdictions. [1] Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4]
The phrase was absorbed by the British legal system, becoming a maxim by the early 19th century. [3] It was also absorbed into American common law, cited repeatedly by that country's Founding Fathers, later becoming a form of words drilled into law students all the way into the 21st century. [4]
The maxim also means the parties cannot limit the court's legal cognition (that is, the authority to determine the applicable law). [ 3 ] In its most wide-reaching form, the principle of iura novit curia allows the court to base its decision on a legal theory that has not been the subject of argument by the parties. [ 4 ]
In deontological ethics, mainly in Kantian ethics, maxims are understood as subjective principles of action. 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.
"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]