Maxim - Law Dictionary Search Results
Home Dictionary Name: maximMaxim
Maxim [fr. maximum Lat.], an axiom; a general principle; a leading truth so called, says Coke, quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur, 1 Inst. 11.Modern opinion, however, does not rate maxims so highly, and Lord Esher, M.R., in Yarmouth v. France, (1887) 19 QBD 653, in connection with Volenti non fit injuria, went so far as to say that they are almost in variably misleading, and for the most part so large and general in their language that they always include something which really is not intended to be included in them. Similarly, the late Mr. Justice Stephen (Hist. Crim. Law, 94) wrote:-'They are rather minims than maxims, for they give not a particularly great, but a particularly small, amount of information. As often as not the exceptions and qualifications are more important than the so-called rules'--which, while they mostly bad abstracts of it. A contrary view, however, is given in a lecture by Mr. H.F. Manistry, K.C., on 'The ...
Maxim gun
A kind of machine gun named after its inventor Hiram S Maxim...
Conditiones qualibet odiosa: maxime autem contra matrimonium et commercium
Conditiones qualibet odiosa: maxime autem contra matrimonium et commercium [Lat.], Some conditions are odious, but chiefly those which are against commerce and marriage....
In ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset
In ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset [Lat.], in ambiguous expressions the intention of him who used them should especially be regarded....
In omnibus quidem, maxime tamen in jure, aquitas spectanda sit
In omnibus quidem, maxime tamen in jure, aquitas spectanda sit [Lat.], in everything, but especially in law, equity is to be regarded...
In republica maxime conservanda sunt jura belli
In republica maxime conservanda sunt jura belli [Lat.], the laws of war are especially to be preserved in the State....
Injuria illata judici, seu locum tenenti regis, videtur ipsi regi illata, maxime si fiat in exercente officium
Injuria illata judici, seu locum tenenti regis, videtur ipsi regi illata, maxime si fiat in exercente officium [Lat.], an injury offered to a judge, or person representing the king, is considered as offered to the king himself, especially if it be done in the exercise of his office...
Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur
Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur (Co. Litt. 359a), Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the instrument referring to them....
Quic quid plantatur (or fixature) solo, solo cedit
Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm ...
Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire
Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire. Co. Litt. 36.-(Constructions are to be made liberally, on account of the simplicity of the laity, that the thing may rather avail than perish; and words ought to serve the intention, not contrariwise.) These maxims relate to the mode of interpreting written instruments. The judges will rather apply the words of a document to fulfil its lawful intent, than destroy such intent because of insufficient language, for to the intention, when once discovered, all technical forms of expression must give way.See the maxims very fully illustrated in Broom's Legal Maxims, it being said that, notwithstanding qualifications and restrictions, the maxims 'are undoubtedly the most important and comprehensive which can be used for determining the true construction of written instruments.'...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial