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Maxims can be defined as an established principal or proposition. The tenets of law canonized in maxims are the precepts, ideals and techniques of law referring a general truth drawn from experience.
The principles enunciated in the maxims should be applied with due care as there are exceptions to the rule and qualification for applicability of dictum.
The law of evidence is the most important branch of adjective law. On this subject, a number of maxims have developed. In the paragraphs to follow, a discussion about some of the maxims of common use is being made.
Audi Alteram Partem – The other party shall be heard / No man shall be condemned unheard.
Lex non cogit ad impossibilia - The law does not compel a man to do that which is impossible.
Omnia praesumuntur rite et solemniter esse acta – All things are presumed to have been rightly and duly performed until it is proved to the contrary
Comtemporanea expositio est optima et fortissima in lege – That the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Res inter alios acta alteri nocere non debet – A transaction between others does not prejudice one who was not a party to it.
Nemo tenetur seipsum accusare –No one be compelled to incriminate or accuse himself.
Nemo debet esse judex in propria sua causa – No man can be judge in his own cause.
Qui aliquid statuerit parte inaudita altera aequum licet dixerit, haud aequum fecerit – He who determines any matter without hearing both the sides, though he may have decided rightly, has not done justice.
Ejusdem generis – Of the same class or kind
Noscitur a sociis – The meaning of the doubtful word may be ascertained by reference to the meaning of words associated with it.
Ut res magis valeat quam pereat – The language may rather have effect than be void
Absoluta sententia expositore non indigent – Plain words require no explanation
Construction ex visceribus actus - A statute is to be construed within the four corners of the statute.
Leges posteriores priores contrarias abrogant – The later laws repeal earlier conflicting laws.
Quod ab initio non valet in tractu temporis non convalescent - Something which was originally void, does not by lapse of time become valid.
Salus populi suprema lex – The regard for the public welfare is the highest law.
Vigilantibus, non dormientibus, jura subveniunt - The laws assist those who are vigilant, not those who sleep over their rights
Falsa demonstratio non nocet - Mere false description does not vitiate, if there be sufficient certainty as to the object
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