Foundation of All Law
Maxims of Law
The Maxims of Law are the foundational Principles from which every Statute, Ruling, and Unalienable Right draws its force. They are the bedrock of the Common-Law and the standard by which ALL Law is measured. Every valid Law traces its authority back to these Maxims.
The Most Important Maxims
Maxims Are the Foundation of Law
Maxims are the foundations of the law. They are the settled principles from which all rules, statutes, and decisions draw their force. No law stands apart from them.
Ignorantia Juris Non Excusat
Ignorance of the Law Excuses No One
No one may avoid the law by claiming not to know it. Every person is bound to know the law that governs them.
Fraus Omnia Vitiat
Fraud Vitiates Everything, Fraud Invalidates All From the Start
Fraud invalidates everything from the beginning. Any act, contract, or judgment obtained by fraud is void from its inception.
Pacta Sunt Servanda
A Contract Is the Law Between the Parties
Agreements are to be kept. A valid contract binds the parties as though it were law between them, and each party is bound to perform.
Ubi Jus Ibi Remedium
Where There Is a Right, There Is a Remedy
For every legal right the law provides a remedy. No right exists without the means to enforce it.
Foundational Maxims of Law
Nemo Supra Legem
No One Is Above the Law
The law binds everyone, high and low. No person or office stands above it.
Rex Debet Esse Sub Lege, Quia Lex Facit Regem
The King Must Be Under the Law, Because the Law Makes the King
Even the sovereign is subject to the law, for it is the law that creates and limits the office. The king is made by the law, not the law by the king.
Rex Est Lex Loquens
The King Is the Speaking Law
The king gives voice to the law. He does not make it by private will, he declares what the law already is.
Lex Non Cogit ad Impossibilia
The Law Does Not Compel the Impossible
No one is required to do what cannot be done. The law imposes no duty that is impossible to perform.
Nemo Judex in Causa Sua
No One Can Be Judge in His Own Cause
No person may decide a matter in which they have an interest. Justice requires an impartial judge.
Audi Alteram Partem
Hear the Other Side
No decision is just unless both sides have been heard. Judgment without a hearing is no judgment at all.
Nullus Commodum Capere Potest Injuria Sua Propria
No One Ought to Benefit From His Own Wrong
A person may not profit from their own misconduct. The law grants no advantage to a wrongdoer.
Aequitas Est Aequalitas
Equality Is Equity
Equity treats equals equally. Like cases receive like treatment under the law.
De Minimis Non Curat Lex
The Law Does Not Care About Trifles
The law will not concern itself with small or insignificant matters. Trivial wrongs do not invoke its power.
A Man's House Is His Castle
A person's home is a refuge that may not be violated without lawful authority. It is the strongest shield against arbitrary entry.
Necessitas Non Habet Legem
Necessity Knows No Law
In true necessity, the strict letter of the law yields to the need. Necessity overrides ordinary rules.
Nemo Dat Quod Non Habet
No One Can Give What He Does Not Have
A person cannot transfer a right they do not possess. Title cannot spring from nothing.
Nemo Plus Juris Transferre Potest Quam Ipse Habet
No One Can Transfer a Greater Right Than He Has
The recipient receives no more than the giver owned. A greater right cannot pass through a lesser holder.
He Who Comes Into Equity Must Come With Clean Hands
One seeking equity must have acted fairly in the matter. Relief is denied to those whose own conduct is wrongful.
He Who Seeks Equity Must Do Equity
One who asks for equitable relief must be willing to give it in return. Equity is a two-way obligation.
Equity Looks to the Intent Rather Than the Form
Equity honors the substance and purpose over the bare words. The spirit prevails over the form.
Innocent Until Proven Guilty
The accused is presumed innocent. The accuser bears the burden of proving guilt, and the burden is never shifted.
Nemo Tenetur Seipsum Accusare
No One Is Bound to Accuse Himself
No person may be compelled to be a witness against themselves. The right against self-incrimination is foundational.
Ei Incumbit Probatio Qui Dicit, Non Qui Negat
The Burden of Proof Lies on Him Who Asserts, Not on Him Who Denies
He who claims must prove. Denial needs no proof, for a denial asserts nothing.
Nemo Debet Bis Vexari pro Una et Eadem Causa
No One Should Be Twice Vexed for the Same Cause
No person may be tried or punished twice for the same offense. Double jeopardy is forbidden.
Res Judicata
A Matter Already Judged Is at Rest
A matter finally decided between the parties may not be relitigated. Judgment brings the dispute to rest.
Stare Decisis
To Stand by Things Decided
Courts honor prior decisions to keep the law stable and predictable. What is settled remains settled.
Expressio Unius Est Exclusio Alterius
The Expression of One Thing Is the Exclusion of the Other
Where a law names one thing, it excludes the others. Naming is limiting.
Ejusdem Generis
Of the Same Kind
General words that follow a list of specific things cover only things of the same kind as those named.
Noscitur a Sociis
Known by Its Associates
A word is understood by the words around it. Meaning comes from context.
Cessante Ratione Legis, Cessat Ipsa Lex
When the Reason of the Law Ceases, the Law Itself Ceases
A law ends when its purpose no longer exists. Without a reason, there is no law.
Consuetudo Est Altera Lex
Custom Is Another Law
A long-established custom, proven and certain, has the force of law. What the people have long observed binds as law.
Jura Naturae Sunt Immutabilia
The Laws of Nature Are Immutable
Natural law does not change with the will of men. It is fixed and enduring beyond every statute.
Lex Posterior Derogat Priori
A Later Law Derogates an Earlier One
Where two laws conflict, the later controls. The more recent expression of the legislature prevails.
Salus Populi Est Suprema Lex
The Welfare of the People Is the Supreme Law
The public good stands above every private interest. The welfare of the people is the highest law.
Nihil Quod Est Contra Rationem Est Licitum
Nothing Against Reason Is Lawful
What contradicts reason cannot be law. Irrational rules carry no lawful force.
Ex Facto Jus Oritur
Law Arises From Fact
Law is grounded in the facts and circumstances of the matter. Judgment follows the facts, not the other way around.
Veritas Est Mater Justitiae
Truth Is the Mother of Justice
Justice cannot stand apart from truth. Where truth is absent, justice is absent.
Actus Me Invito Factus, Non Est Meus Actus
An Act Done Against My Will Is Not My Act
What is forced upon a person is not their own act. Coercion destroys consent.
Rex Non Potest Peccare
The King Can Do No Wrong
The office of the sovereign is incapable of wrong in the eyes of the law. Wrong is personal, not royal.
Qui Non Prohibet Jubet
He Who Does Not Prohibit Commands
Silence in the face of a duty may amount to consent. To fail to forbid is to allow.
Every Law Is Directed to the Common Good
Law exists to serve the welfare of the people, not private ends. A law that serves no common good is no law.
Jus Est Norma Recti
The Law Is the Rule of Right
The law is the standard of what is right. It is the measure of conduct, not the servant of power.
Verba Generalia Generaliter Sunt Intelligenda
General Words Are to Be Understood Generally
General words keep their general meaning unless the context plainly narrows them.
Concessio Veniat Personaliter
A Grant Passes to the Person, Not Beyond
A grant is personal and does not extend beyond the one to whom it is given. Privilege is not inherited by implication.