Students looking for a career in criminal justice come across Latin legal terms that go beyond those that all viewers of crime series are already familiar with – alibi, for example – and a little deeper into the legal field. These terms serve only as the tip of the Latin iceberg in the legal world, but they are an introduction for those coming to the criminal justice system for the first time. For criminal justice students, this is a list that will only grow over time. Legal maxims are established legal principles that are generally accepted, and people in the legal field are well aware of these words. These are mainly Latin words or a combination of a few words. 79. Malum prohibitum – In a way vis-à-vis Malum in se. This means: «Crimes are criminal, not because they are inherently evil, but because the act is prohibited by state law.» For example, the jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of the road is considered immoral, but because the law says you must drive on the left side and not on the right. According to Wikipedia, this is a law that retroactively modifies the legal consequences (or status) of actions that were committed, or relationships that existed before the law was passed.
In criminal law, it can criminalize acts that were lawful at the time they were committed; it may aggravate a crime by placing it in a more serious category than it was at the time it was committed; it may change the prescribed penalty for a criminal offence, for example: by adding new penalties or extending penalties; or it may change the rules of evidence to make a conviction for a crime more likely than would have been the case when the crime was committed. Actus non facit reum, nisi mens sit rea – the act cannot be criminal if the mind is not criminal. 53. Ignorantia juris non excusat – Ignorance of the law is not an excuse. Or ignorance of the law excuses no one. In other words, a person who has no knowledge of a law cannot escape responsibility for the violation of that law simply because the content of the law was not known. Just like in geometry, we have axioms; We are right to have legal maxims and phrases. Maxims are used in legal documents and also requested in legal exams such as CLAT, justice and semi-annual exams. 8. News Reus Non Facit Reum Nisi Mens Sit Rea – The conviction of a crime requires proof of a criminal act and intent. Or an act does not make an accused guilty without a guilty mind. Or an act does not constitute guilt unless it is done with guilty intent.
I am glad that these legal maxims and their importance have helped you. The criminal justice system may seem alien to many who had no reason to participate in its work. This may be due to trials, topics of discussion, and even the language used by criminal defense lawyers, prosecutors, and judges. The experience may be even more confusing when the parties use Latin expressions in their observations or deliberations. For this reason, we have summarized some commonly used Latin phases that you might encounter in criminal law. If someone is «doli incapax, they do not have the mental capacity to commit a crime. This term is often used in reference to children or people who have been diagnosed with a significant mental illness. A.1. A fortiori – «With an even stronger reason», which applies to a situation in which, if one thing is true, it can be deduced that a second thing is even more certainly true. 2.
A posteriori – Linked or based on the justification of the observation of the facts 3. A priori – From what was before 4. From the extra – From the outside 5. Ab incunablis – Since childhood on the 6th. Ab initio – From the beginning 7. Ab intra – From the inside 8. Absoluta sentential expositore non indiget – An absolute judgment does not need an exponent 9. Actio personalis moritur persona – A personal act dies with person 10. Actiones legis – Prosecutions 11. Actori incumbit onus probandi – The burden of proof lies with the applicant 12. Actus nemini facit injuriam – The act of the law does no harm to anyone.13 Actus reus – A guilty act or an act 14.
Ad absurdum – To the point of absurdity 15. Ad eundem – At the same level 16. Ad eundem gradum – To the same extent 17. Ad hoc – To this end 18. Ad hominem – Represents an argument that is made personally against an opponent, not a logical argument A list of important legal maxims and foreign words that will help you gain a narrow understanding of the aspects of legal adequacy. For those pursuing studies in criminal justice who are not yet familiar with the use of Latin legal expressions, the following list contains 11 of the most commonly used expressions, their definition and how they are most commonly used. The definitions come from Law Teacher and Merriam-Webster. If you have a court case you`d like to discuss with one of Melbourne`s top criminal defence lawyers, call us for a free conference at 9670 1550. 25. Corpus delicti – Facts and circumstances that constitute a crime and concrete evidence of a crime, such as a corpse (corpse). 93. Nullum crimen sine lege, nulla poena sine lege – There shall be no crime or punishment except in accordance with established pre-established law.
In other words, there must be no punishment without law. 63. Intérêt reipublicae ut sit finis litium – This means that it is in the interest of the state to end the dispute. Actus mi invictu reus, nisi mens facit reum – an act I do against my will is not my act. 14. Audi alteram partem – No human being can be considered inaudible. 99. Pari passu – With the same step. Read more about it on Wikipedia. 75. Lex non a rege est violanda – The law must not be violated by the king. 110.
Qui facit per alium, facit per se – Anyone who acts himself by another act. 4.) NEWS LEGIS NEMINI IS DAMNOSUS – An act of law is not offensive to anyone. Ignorantia facti excusat – erroneous excuses. 13. Assentio mentium – The meeting of spirits, i.e. mutual consents. 117. Respondeat superior – Let Master answer. For example, there are circumstances in which an employer is responsible for the actions of employees taken in the course of their employment.
This rule is also called the Servant Lord Rule. A court appoints an ad litem lawyer to represent those who have a legal interest in a case but cannot represent themselves, such as children or adults with disabilities. 65. Jus in personam – right against a specific person. 67. Jus naturale – Natural law. Or in other words, a legal system based on fundamental ideas of good and evil, which is natural law. If a case is negotiated ex parte, it is heard in the absence of one of the parties. 2.) ACTUS DEI NEMINI FACIT INJURIAM – The law does not make anyone responsible for the act of God.
78. Malum in se or Mala in se (plural) – False or evil in itself. Or Mala itself is «a term that means crime that is considered evil in itself.» For example, most people believe that murder, rape and theft are wrong, that a law regulates such behavior or that the behavior takes place and is therefore recognizable in itself. 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, amortized) in a legally enforceable contract. 36. Detinue – offence of unlawful possession of property belonging to someone else. A unilateral decision of a judge is a decision made without the presence of all parties. It may also refer to inappropriate contact between a party and a judge or party. Locus Criminis – Crime scene or crime scene.
42. Ex post facto – Subsequently. Or in retrospect. Or have the main answer. In other words, it is a question of making the employer or principal legally liable for the illegal acts of an employee or agent committed in the course of a job or agency. Read Articles 154 and 155 of the IPC. 10.) AMICUS CURIAE – A friend of the court.11.) ANIMO – By design.12.) ANIMO FELONICO – With criminal intent.13.) ANIMUS – spirit, intention. This phase itself is not used so often out loud, but it is a maxim (proverb or truism) that the Court applies regularly. He simply says that ignorance of the law or lack of knowledge of the law does not excuse his actions. 26. Crimen betrays personam – Crime carries the person. Read Section 2 of the IPC.
In other words, it means that wherever a person goes, and if he commits a crime there, he will fall under the provisions of the Indian Penal Code, that is, interterritorial jurisdiction. 52. Ignorantia facit doth excusat, Ignorance juris non-excusat – ignorance of the facts is an excuse, but ignorance of the law is not an excuse. Read Articles 76 and 79 of the IPC. 4. RA No. 9775 – Child Pornography Act, 2009 Simply put, this is a fundamental legal maxim of the agency`s law. This is a maxim that is often stated when discussing the employer`s responsibility for the employee`s act versus the vicarious agent`s liability (indirect, second-hand).
It also refers to the principle that «it must be shown that a criminal offence has been committed before a person can be convicted of having committed that offence». (This definition is mainly used in Western law.) Question from a law student: I have doubts about the maxim jus necessitatis. Does it fall under Articles 81 or 87 of the IPC? Answer: This is called the doctrine of necessity. It means a person who does one thing under the duress of a situation. It is not considered an illegal act. It falls within the scope of Article 81 of the IPC. 62. Between living persons – Between living persons (in particular a gift as opposed to a bequest).