Understanding the Legal phrases and maxims used in the Evidence Law (Evidence Law Basics 3)
(1) Alibi
* a defense of having been somewhere other than at the scene of a crime at the time the crime was committed
(2) alter ego
(2) alter ego
* other I
* It means an alternate self, which is believed to be distinct from a person's normal or true original personality.
(3) Autrefois Acquit
* previously acquitted
* Autrefois Acquit refers to that a person cannot be put on a trial for an offence, he has been previously acquitted for
(4) Autrefois Convict
* previously convicted
* Autrefois Convict refers to that a person cannot be put on trial for the same offence, he has been previously convicted for.
(5) Casus omissus
* A matter which should have been provided but actually has not been provided in statute.
(6) de novo
* anew, from the beginning or afresh
* A trial de novo is a new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance.
(7) Corpus delicto
* body of the crime
* The phrase generally refers to the principle that no one should be convicted of a crime without sufficient evidence that the crime actually occurred.
(8) Ex parte
* from one party
* on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party.
(9) in rem
* Rights in rem are rights that relate to a specific property and can be enforced against anyone who interferes with that property
(10) in personam
* rights in personam are rights that relate to a specific person and can only be enforced against that person.
(11) inter partes
* between the parties
* Used in particular in relation to court proceedings where both sides are present in court
(12) Ipse dixit
* he said it himself
* It is an assertion without proof, or a dogmatic expression of opinion
(13) Mala flde
* in bad faith
* It is used to describe someone who has deliberately acted in a dishonest or malicious way.
(14) modes operandi
* mode of operating
* in criminology, distinct pattern or manner of working that comes to be associated with a particular criminal.
(15) Prima facie
* at first sight or based on first impression
* Prima facie is used to describe something which appears to be true when you first consider it.
(16) res judicata
* a thing adjudged
* a thing or matter that has been finally juridically decided on its merits and cannot be litigated again between the same parties.
LEGAL MAXIMS
(1) demonstratio falsa non nocet (Section 97)
* a false description does not vitiate or spoil.
* A rule applied where a description of something in a legal document (e.g. a will) is made up of more than one part, and one part is true, but the other false: if the part that is true describes the subject with sufficient legal certainty, then the untrue part will not vitiate the document.
(2) ex debito justitiae (Section 57)
* from what is owed
* Stated of a remedy that the court has no discretion to refuse. Thus, the applicant has the remedy as of right....
(3) Falsus in Uno falsus in omnibus (Section 58 & 118)
* false in one thing, false in everything
* At common law, it is the legal principle that a witness who testifies falsely about one matter is not credible to testify about any matter.
* This principle is not applicable to Indian Legal System.
(4) Ipso facto
* by the fact itself
* It means that a specific phenomenon is a direct consequence, a resultant effect, of the action in question, instead of being brought about by a previous action.
(5) res gestae (Section 6)
* things done
* It is mainly an exception to the hearsay rule of evidence which refers to ‘’an assertion other than one made by a person while giving oral evidence is inadmissible’’.
(6) Nemo moriturus Praesumitir Mentire (Section 32)
* No one at the point of death is presumed to lie.
* This maxim is referred to as be a dying declaration.
(7) Omnia presumptuous rite esse acta (Section 114)
* Everything is presumed to be rightly and duly performed until the contrary is shown.
* The presumption that, in the absence of evidence to the contrary (a) something which should have been done was in fact done, or (b) something which has been done was done in accordance with all relevant technicalities.
(8) in pari materia
* on the same subject or matter
* It is an ordinary rule of interpretation of statutes that the words of a statute when there is uncertainty about their meaning are to be perceived in the sense in which they best harmonize with the subject of the enactment and the object which the legislature has in see
(9) pater est quem nuptiae demonstrant (Section 112)
* the father is he whom the nuptials point out
* It is the legal maxim which forms the common law presumption that a child's father is the man married to the child's mother at the time of birth or conception
(10) Presumptiones juris et de jure (Section 114)
* Conclusive Presumption of law
* It is also known as conclusive presumption or irrebuttable presumption in English law. It is a presumption of law that cannot be rebutted by evidence and should be taken to be the case no matter any evidence to the contrary.
(11) Presumptiones juris (Section 114)
* Rebuttable Presumption of law
* A rebuttable presumption is a legal principle that presumes something to be true unless proven otherwise. The burden of proof lies with the party who wishes to rebut or disprove, the presumption.
(12) quantum valeat
* as much as it is worth
* This term was commonly used in legal contexts in the past to indicate that something should be valued only for its actual worth or value, and not for any other factors or considerations
(13) Res ipso lequiter
* the thing speaks for itself.
* In the context of a legal claim based on negligence, res ipsa loquitur essentially means that the circumstances surrounding the case make it obvious that negligence occurred.
(14) Sine qua non
* without which, not
* a necessary condition without which something is not possible
References -
1. Mulla – Commentary on Law of Evidence 15th Edition
2. Internet Sources
1. Mulla – Commentary on Law of Evidence 15th Edition
2. Internet Sources
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