When preparing for the CLAT examination, understanding key legal principles is crucial. Among these principles, maxim of law plays a pivotal role in decoding judgments, framing arguments, and tackling comprehension-based questions. In this detailed guide, we cover the top 50 maxim of law that every CLAT aspirant must know, divided according to the major laws of India.
Introduction to Maxim of Law
A maxim of law is a concise, established principle or proposition of law universally accepted in the legal world. These maxims often derive from Latin and have stood the test of time, offering clarity in interpreting legal provisions. For CLAT students, familiarity with these maxim of law enhances their legal reasoning, essay writing, and problem-solving skills.
Let’s explore the top 50 maxim of law under various laws.
Maxims Under the Constitution of India
➡ Audi Alteram Partem
“No one shall be condemned unheard.” This maxim of law ensures fair hearing and is integral to natural justice under Article 14 and Article 21.
➡ Nemo Judex in Causa Sua
“No one should be a judge in their own cause.” This maxim of law ensures impartiality in decision-making.
➡ Salus Populi Suprema Lex Esto
“The welfare of the people shall be the supreme law.” The maxim of law underlines the priority of public interest in constitutional matters.
➡ Ubi Jus Ibi Remedium
“Where there is a right, there is a remedy.” This maxim of law is the foundation of enforceable rights.
➡ Actus Curiae Neminem Gravabit
“An act of the court shall prejudice no one.” The judiciary must ensure no harm comes due to its own procedural error.
Maxims Under Criminal Law (IPC, CrPC)
➡ Actus Non Facit Reum Nisi Mens Sit Rea
“An act does not make a person guilty unless there is a guilty mind.” A vital maxim of law in criminal jurisprudence.
➡ Nullum Crimen Sine Lege
“No crime without law.” This maxim of law prevents retroactive criminal liability.
➡ Ignorantia Juris Non Excusat
“Ignorance of law is no excuse.” A fundamental maxim of law under IPC.
➡ Nemo Debet Bis Vexari Pro Una Et Eadem Causa
“No one should be vexed twice for the same cause.” It protects against double jeopardy, as per Article 20(2).
➡ Innocentia Prosumitur
“Innocence is presumed.” A core maxim of law emphasizing that an accused is presumed innocent until proven guilty.
Maxims Under Contract Law
➡ Consensus Ad Idem
“Meeting of minds.” The maxim of law essential for valid contracts.
➡ Ex Turpi Causa Non Oritur Actio
“No action arises from an immoral cause.” No claim arises from illegal contracts under this maxim of law.
➡ Pacta Sunt Servanda
“Agreements must be kept.” The maxim of law reflects the sanctity of contracts.
➡ Nudum Pactum
“A bare promise.” A promise unsupported by consideration is void under this maxim of law.
➡ Qui Facit Per Alium Facit Per Se
“He who acts through another acts himself.” The maxim of law governs agency.
Maxims Under Tort Law
➡ Volenti Non Fit Injuria
“To one who consents, no harm is done.” A key maxim of law in tort defenses.
➡ Injuria Sine Damnum
“Legal injury without actual damage.” A maxim of law demonstrating actionable wrongs even without quantifiable loss.
➡ Damnum Sine Injuria
“Damage without legal injury.” No legal action lies where no legal right is infringed.
➡ Res Ipsa Loquitur
“The thing speaks for itself.” A maxim of law implying negligence by the mere occurrence of the event.
➡ Qui Facit Per Alium Facit Per Se
Repeatedly emphasized in both tort and contract contexts to stress vicarious liability.
Maxims Under Property Law
➡ Nemo Dat Quod Non Habet
“No one can give what they do not have.” This maxim of law underlies sale of goods and property.
➡ Caveat Emptor
“Let the buyer beware.” A maxim of law crucial in property and goods transactions.
➡ Possessio Est Quasi Titulo
“Possession is like title.” This maxim of law underscores the importance of possession in property disputes.
➡ Quicquid Plantatur Solo, Solo Cedit
“Whatever is affixed to the soil belongs to the soil.” The maxim of law on fixtures and realty.
➡ Sic Utere Tuo Ut Alienum Non Laedas
“So use your property as not to injure another’s.”
Maxims Under Equity
➡ He Who Seeks Equity Must Do Equity
A maxim of law requiring fair conduct by one claiming equitable relief.
➡ He Who Comes Into Equity Must Come With Clean Hands
A maxim of law barring relief to one guilty of misconduct.
➡ Equity Follows the Law
Equity supplements but does not supplant the law, as per this maxim of law.
➡ Delay Defeats Equity
Equity assists the vigilant, not those who sleep on their rights.
➡ Equality Is Equity
Equity favors equal distribution where applicable.
Maxims Under Family Law
➡ Pater Est Quem Nuptiae Demonstrant
“The father is he whom marriage points out.” A maxim of law presuming legitimacy.
➡ Mater Semper Certa Est
“The mother is always certain.” A maxim of law in legitimacy disputes.
➡ Parens Patriae
“The state is the guardian of those unable to care for themselves.”
➡ Alieni Juris
“A person under the control of another’s authority.”
➡ Interest Reipublicae Ut Sit Finis Litium
“It is in the interest of the state that there be an end to litigation.” Relevant to family settlements.
Maxims in Procedural Law
➡ Lex Non Cogit Ad Impossibilia
“The law does not compel the impossible.”
➡ Delegatus Non Potest Delegare
“A delegate cannot further delegate.”
➡ Falsus In Uno, Falsus In Omnibus
“False in one thing, false in everything.”
➡ Ut Res Magis Valeat Quam Pereat
“It is better for a thing to have effect than be void.”
➡ Expressio Unius Est Exclusio Alterius
“The expression of one thing is the exclusion of another.”
Maxims in Commercial Law
➡ Lex Loci Contractus
“The law of the place where the contract is made.”
➡ Lex Loci Solutionis
“The law of the place of performance.”
➡ Lex Fori
“The law of the forum or court.”
➡ Commodum Ex Injuria Sua Nemo Habere Debet
“No one should benefit from their own wrong.”
➡ Actio Personalis Moritur Cum Persona
“A personal action dies with the person.”
Importance of Learning Maxim of Law for CLAT
Mastering maxim of law equips CLAT students with interpretive tools to:
✅ Understand case laws efficiently.
✅ Frame better arguments in moot courts.
✅ Tackle comprehension and legal reasoning questions in exams.
✅ Gain an edge in essay and answer writing for judiciary exams later.
Every maxim of law mentioned above is not only vital for theoretical knowledge but also forms the bedrock of practical legal reasoning.
How to Memorize and Apply Maxim of Law in CLAT
👉 Group by law: Like this blog, categorize maxims under specific laws to understand context.
👉 Use flashcards: Write the maxim of law on one side, meaning and usage on the other.
👉 Apply in mocks: Use maxim of law in legal reasoning answers to build habit.
👉 Make notes: Add these maxims to your case law notes wherever applicable.
Conclusion
The top 50 maxims of law discussed are crucial tools for CLAT aspirants. Each maxim of law reflects centuries of legal wisdom and aids in analytical thinking, an essential skill for future lawyers. Mastering these principles will not only help you crack the CLAT exam but also lay a strong foundation for your legal career.
For more in-depth resources, case analyses, and preparation strategies for CLAT, stay tuned to Law ki Baat, your trusted companion in legal education.
