Legal Maxims for CLAT 2026: History and Modern-Day Applications

Tiyasa Khanra

Updated On: October 31, 2025 11:57 PM

Legal Maxims for CLAT 2026 found its origin in Roman law, flourished in medieval Europe, and were incorporated into English common law. They now form the basis of legal principles and are used in the courts worldwide to ensure justice.
Legal Maxims for CLAT 2026: History and Modern-Day Applications

Legal maxims for CLAT 2026 are authoritative statements in Latin that are brief and to-the-point reflecting the fundamental principles of law that constitute a significant part of the CLAT 2026 exam. In the legal profession, the Legal maxims lays the foundation for legal reasoning, judicial interpretation, and statutory law, fairness, and equity. Maxims originated in early Roman Law and Medieval Europe, but in modern times they are being utilized by Indian courts as an integral part of formulating statutes, and landmark judgments, and giving rise to critical legal concepts.

Also Read: How to Use Mind Maps to Memorize Legal Principles for CLAT

History of Legal Maxims

The origin of Legal maxims can be traced back in Medieval Europe. Especially, the European states where Latin was the dominant legal language have given rise to the Legal maxims. Early Roman law (Corpus Juris Civilis under Emperor Justinian, 6th century CE) and Canon Law (Church Law) may also serve as the origins of legal maxims. However, the emergence of Legal Maxims did not take place in Rome but with Greek philosophers like Aristotle who introduced the principles of equity, justice, and fairness leaving a major impact on legal thought.

After the Norman Conquest (1066), common law courts were established in England where the maxims implemented by judges to decide cases were influenced by Roman law and canon law. Initially, Legal maxims were made an integral part of English legal literature by English Jurists like Sir Edward Coke (1552–1634), Francis Bacon, and at a later stage by Sir William Blackstone (1723–1780). The reference of maxims were extensively found in Coke’s Institutes and Blackstone’s Commentaries on the Laws of England. Times when commerce and new legal disputes were emerging in the 16th and 17th centuries, the maxims were prioritized to bridge the gaps or loopholes in common law.

With the expansion of the British Empire, the impact of maxims spread into India, America, and other colonies. Local jurisprudence was heavily influenced by maxims.  In the modern era, remnants of Latin maxims may also be found in the Indian legal system that was based on Anglo-Indian codes. Interpreting contracts and constitutions by courts in the United States still require the reference of maxims.

Modern-Day Applications of Legal Maxims for CLAT 2026

In the modern day, legal maxims are used by judges or lawyers as interpretative tools or guiding principles to formulate judgements. Find the modern day applications of Legal Maxims for CLAT 2026 below.

Legal Maxims

Meanings

Accomplice

Person associated with a crime

Accused

Person charged with the offence

Actus reus

Guilty act

Actus non facit reum, nisi mens sit rea

An act does not make a person guilty unless there is a guilty mind or criminal intention

Actori incumbit Onus probandi

responsibility to provide evidence against the litigant and legitimize their case lies with the person who initiates the lawsuit (plaintiff)

Actio personalis moritur cum persona

The personal right of action dies with a person

Ab Initio

From the beginning

Actionable per se

No proof of  damage is required for the action to be punishable

Audi alteram partem

Both the parties must be heard and no man shall be condemned unheard

Ad hoc

For the specific purpose

Bonafide

Good faith

Bona Vacantia

Goods without an owner or goods on which there’s no claim of ownership

Boni judicis est ampliare jurisdictionem

It is the duty of a competent judge to enlarge his jurisdiction to ensure justice

Causa proxima et non remota spectatur

The immediate cause is to be considered and not the remote cause

Caveat emptor

Let the buyer beware

Child in conflict with law

A child who has not completed 18 years of age on the date of commission of offence and is alleged or found to have committed an offence

Consensus ad idem

both parties to a contract should have a common intention to comply with the terms outlined in the contract

Convicted

Person held guilty by the court for a crime

Damnum sine injuria

Damage without injury

De minimum non curat lex

Law does not concern itself with trivial matters that are not worthy of judicial scrutiny

Doli incapax

Immunity of children from criminal liability who are incapable of doing wrong or knowing the consequences of his actions

Ex turpi causa non oritur actio

No action can arise from an illegal act

Ex Post Facto

After the fact

Fiduciary

A relationship based on trust or good faith

Ignoratia facit excusat

Ignorance of fact or knowledge is excusable

Ignorantia juris non excusat

Ignorance of law is not excusable

Innuendo

Hidden form of defamation

Intestate

Dying without leaving a will

In rem

Lawsuit directed toward people at large or against the whole world

Jus Naturale

Natural Justice

Locus standi

Right to take the stand

Malafide

Bad faith

Mutatis Mutandis

All necessary changes having been made within contracts

Nemo judex in Causa sua

No person shall be judge in his own case

Pari passu

Equal footing

Pendente lite

During litigation

Prima Facie

On the very face of it

Public prosecutor

Counsel for state

Ratio Decidendi

The reason for the decision

Res Ipsa Loquitur

Thing speaks for itself


Also Read: Tips to Prepare for Current Affairs Section of CLAT 2026

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