Maxims

Maxim’s are saying’s of the law A maxim is so called because its dignity is chiefest, and its authority most certain, and because it is universally approved by all. Maxime ita dicta quia maxima ejus dignitas et certissima auctoritas, atque quod maxim omnibus probetur. General Maxim’s of law “Whoever creates the controversy holds the liability, and he who holds liability must provide remedy.” "He who does not repel a wrong when he can, occasions it." "He who fails to assert his rights has none." "He who does not deny, admits." "For a matter to be resolved it must be expressed." "the guilty act he does not do unless his mind is guilty" "actus reus non facit reum nisi mens sit rea" "He who is silent is taken to agree." Qui tacet consentire videtur “An action is not given to him who has received no damages.” Actio non datur non damnificato. “In law none is credited unless he is sworn. All the facts, must when established by witnesses, be under oath or affirmation. Cro. Car. 64.” In judicio non creditur nisi juratis. “Failure to deny an allegation to a claim/complaint is to admit to the allegation.” acquiesce = abandonment “Good law has to be expressed not implied.” “Law that once existed, having not been outlawed is still good law, and is still true law” “failure to object is acting in agreement.” “Every case is the same, but every case is unique.” “From the great number of signs true identity may be ascertained.” Bacon's Max. in Reg. 25. Ex multitudine signorum, colligitur identitas vera. Long possession produces the right of possession, and takes away from the true owner his action. Co. Litt. 110. Longa possessio parit jus possidendi, et tollit actionem vero domino. An issue requires terms of contradiction; that is, there can be no issue without an affirmative on one side and a negative on the other. Contestio litis eget terminos contradictaris. “Something which is presented as the Truth but is not the whole Truth, is a deception.” “A stone badly placed in a building is not to be removed.” 11 Co. 69. In aedificiis lapis male positus non est removendus. “In alternatives there is an election of the debtor.” In alternativis electio est debitoris. “Money refused liberates the debtor.” 9 Coke. 79. Reprobata pecunia liberat solventum. But this must be understood with a qualification. See “Tender.” where ‘tender’ refers to an offer made in writing to carry out work, supply goods, or offer something of value in exchange for a debt owed or as recompense. “What appears to the court needs not the help of witnesses. 2 Inst. 662.” Quod constat curiae opere testium non indiget. “Judgments are, as it were, the dicta or sayings of the law, and are received as truth. 2 Co. Inst. 573.” Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. “There is no wrong without a remedy” “Ubi Jus Ibi Remedium” where the law always gives a cure “temper dabit remedium” “That which is without a remedy avails of itself, if there be no fault in the party seeking to enforce it.” “Quod Remedio Destituitur ipsa Re valet si culpa absit.” “Consent makes the law. A contract is a law between the parties, which can acquire force only by consent” “Consensus facit legem” “No one is believed in court but upon his oath.” “A twisting of language is unworthy of a judge.” “One is not present if he does not comprehend.” “Whatever is done in excess is prohibited by the law.” “Quicquid in excess actum est, lege prohibetur L.” “One is the manager and dispenser of his own matters.” “Rerum suarum quilibet est moderator et arbiter L.” "One ought not to be a judge in his own cause, because one cannot be both a judge and a party to the action." aliquis non debet esse judex in propriŠ causa "The law will not work a wrong" Actus regis nemini ext damnosa "The law arises from fact" Ex facto oritur jus (where incorrect facts give rise to unjust or partial law) "Proceeding in similar matters is by the same rule." "De similibus ad similia eadem ratione procedendum est" "What belongs to no one, natural reason concedes to the occupant." "quod nullius est, id ratione naturali occupanti conceditur" "An error not resisted or opposed is approved." "Error qui non resistitur approbatur" "He who does not deny, admits." "Qui non negat fatetur" "Violence may also put on the mask of law." "Est autem vis legem simulans" The more it changes the more it stays the same; or what goes around comes around "plus ça change, plus c′st la même chose" "All men are equal before the law." Dig. 50, 17, 32. "Quod ad jus naturale attinet, omnes homenes aequales sunt." "The presence of the body cures the error in the name; the truth of the name cures an error in the description. Bacon's Max. Reg. 25." "Praesentia corporis tollit errorem nominis, etc veritas nominis tollit errorem demonstrationis." "Unequal things ought not to be joined." Jenk. Cent. 24. "Disparata non debent jung." "An act done by me against my will is not my act." "Actus me invito factus, non est meus actus" "What otherwise is good and just, becomes bad and unjust if it is sought by force and fraud" "Quod alias bonum et fustum est, si per vim vei fraudum petatur, malum et injustum efficitur." "The inclusion of one is the exclusion of another" "Inclusio unius est exclusio alterius." "Law is the science of what is good and fair" "jus est ars boni et aequi." "Let justice be done, though the heavens fall." "Fiat justitia ruat caelum" "A deed or bond found with the debtor is presumed to be paid." "Chirographum apud debitorem repertum praesumitur solutum" “unless by the lawful judgment of his peers, or by the law of the land” ”nisi per legale judicium parium suorum vel per legem terrae“ Magna Carta Chapter 29 “No one shall be deprived of his property, but according to the custom of our predecessors, and by the judgment of his peers." ”nemo beneficium suum perdat, nisi secundum consuetudinem antecessorum nostrorum et per judicium parium suorum.”; emperor Conrad "no one should be benefited at another's expense": nemo locupletari potest aliena iactura or nemo locupletari debet cum aliena iactura. "a right of action does not arise from a naked contract" 'ex nudo pacto non oritur actio' "In all obligations when no time is fixed for the payment, the thing is due immediately" In omnibus obligationibus in quibus dies non ponitur, presenti die debitur. "The inclusion of one is the exclusion of another. 11 Co. 58." "Inclusio unius est exclusio alterius." "What is necessary is lawful." "Quod est necessarium est licitum." "Right is not to be sold or delayed or withheld." Magna Carta article 30 'The Articles of the Barons: Article 30', The Magna Carta Project, trans. H. Summerson et al. [http://magnacarta.cmp.uea.ac.uk/read/articles_of_barons/Article_30 accessed 08 October 2020] Us supreme court statement from the annotated statutes regarding subject matter jurisdiction: “Actual facts not mere allegations of complaint are determinative of issue of jurisdiction” which essentially says that without facts there is no jurisdiction for a court to act. On domestic authority & authority in general English Prime Minister William Pit: The poorest man may in his cottage bid defiance to all the forces of the Crown; it may be frail, its roof may shake, the wind may blow through it; the storm may enter, the rain may enter; but the King of England cannot enter; all his forces dare not cross the threshold of that ruined tenement. Blackstone’s commentaries gives (Book 3 Chapter 19 paragraph 31) “AN arrest must be by corporal seizing or touching the defendant’s body; after which the bailiff may justify breaking open the house in which he is, to take him: otherwise he has no such power; but must watch his opportunity to arrest him. For every man’s house is looked upon by the law to be his castle of defence and asylum, wherein he should suffer no violence. Which principle is carried so far in the civil law, that for the most part not so much as a common citation or summons, much less an arrest, can be executed upon a man within his own walls” ”no delegated powers can be further delegated” “delegata potestas non potest delegari” Property “No one is bound to sell his property, even for a just price.” Sed vide Eminent Domain. Nemo cogitur rem suam vendere, etiam justo pretio. Benefit “No one is obliged to accept a benefit against his consent.” Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent. Invito beneficium non datur “A privilege is a personal benefit, and is extinguished with the death of the person.” Privilegium est beneficium personale, et extinguitur cum persona. “All are free to renounce those privileges which have been allowed for their benefit.” Omneslicentiam habere his quae pro se indulta sunt, renunciare. “He who derives a benefit from a thing, ought to feel the disadvantages attending it.” Que sentit commodum, sentire debet et onus. 2 Bouv. Inst. n. 1433. “Any one may renounce a law introduced for his own benefit. (To this rule there are some exceptions.)” Quilibet potest renunciare juri pro se inducto. See 1 Bouv. Inst. n. 83. "The law does not protect he who slumbers on his rights" Interesting maxims “Every innovation disturbs more by its novelty than it benefits by its utility.” Omnis innovatio plus novitate perturbat quam utilitate prodest. “He who is in the womb, is considered as born, whenever it is for his benefit.” Qui in utero est, pro jam nato habetur quoties de ejus commodo quaeritur. Expressed by the tacit and unwritten customs and consent of men “tacito et illiterato hominum consensu et moribus expressum” (taken from Blackstones commentaries) in referring to the common law or “just non scriptum” the unwritten law. Equity "those seeking equity must do equity" "equity must come with clean hands" Canons Can. 1199 §1 An oath is the invocation of the divine Name as witness to the truth. It cannot be taken except in truth, judgement and justice. Can. 1200 §1 A person who freely swears on oath to do something is specially obliged by the virtue of religion to fulfil that which he or she asserted by the oath. §2 An oath extorted by deceit, force or grave fear is by virtue of the law itself invalid. Bible Maxims Some of the following maxims to do with affidavits are based on presumptions as to the truth of a matter. Truth is expressed by means of an affidavit (Lev. 5:4-5; Lev. 6:3-5; Lev 19:11-13; Num. 30:2; Matt. 5:33; James 5:12). An unrebutted affidavit stands as the truth in Commerce (1 Pet. 1:25; Heb. 6:13-15. Legal maxim: He who does not deny, admits.). An unrebutted affidavit becomes the judgment in Commerce (Heb. 6:16-17. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied.). A matter must be expressed to be resolved (Heb. 4:16; Phil. 4:6; Eph. 6:19-21. Legal maxim: He who fails to assert his rights has none.) He who leaves the field of battle first loses by default (Book of Job; Matt. 10:22. Legal maxim:He who does not repel a wrong when he can, occasions it. Something which is presented as the Truth but is not the whole Truth is a deception. [Only God knows the whole truth. Don't commit perjury] There can be no crime without criminal intent. Sayings Laws subject to a higher law “Leges sub graviori Lege” That which can be asserted without evidence, can be dismissed without evidence. [Christopher Hitchens] Cicero : "A few men live by reason; most live by experience; the remainder by necessity, and the animals by nature." Repentance doesn't seem like it's a gift until it's taken away from you. [Rod Pickens] https://www.youtube.com/watch?v=AQchPxROcLo Swearing is your weak mind trying to be forceful [Ken Peters] Judges Oath a judge is primarily accountable to the law, which he or she must administer, in accordance with the terms of the judicial oath, “without fear or favour, affection or ill-will”.