Maxim - Law Dictionary Search Results
Land
it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum
Confession
it must admit substantially all the facts which constitute the offence. Conviction on 'Confession' is based on the Maxim 'habemus optimum testem canfitentem renum' which means that confession of an accused is the best evidence against him.
Conditional limitation
assisted by the revolution effected by the Statute of Uses, at length established them, in spite of the maxim of law that a stranger cannot take advantage of a condition. These limitations are now become frequent, and
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Communis error facit jus
Communis error facit jus.-4 Inst. 240. (Common error makes law.) 'A maxim to be applied with very great caution.' See Broom's Legal Max., where common recoveries (see RECOVERY) are given
Charta de non ente non valet
ente non valet [Lat.], A deed relating to a thing not in existence is of no avail. This maxim relates primarily to the subject-matter of any grant, or to the person to whom a grant is made
Charities, or Public Trusts
was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether
Boni judicio est ampliare jurisdictionem
est ampliare jurisdictionem. (It is the part of a good judge to enlarge his jurisdiction.)-Chanc. Prec. 329. This maxim is said (see Broom's Max.) to be erroneous, and Lord Mansfield, in R. v. Philips, (1757) 1 Burr.
Blood
Blood, kindred, lineage. It is a maxim that none shall claim as heir who is not of the blood (i.e., kindred) of the purchaser, Co.
Approbate and reprobate
reprobate where he takes advantage of one part of a document and rejects the rest, Scots Law. The maxim runs, Qui approbat non reprobat: One who approbates cannot reprobate. The doctrine is the same as the English
Ad ea qu' frequentius accident jura adaptantur
2 Inst. 137; Broom's Leg. Max.-(The laws are adapted to those cases which more frequently arise.)-'A good sound maxim in construing Acts of Parliament', Dixon v. Caledonian Ry. Co., (1880) 5 App Cas 838, per Lord Blackburn.
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