A fortiori
Dictionary Meaning: An argument which concludes that something does take place, because causes much weaker than those which operate to bring it about are effective in another case. By a stronger reason: used to denote an argument to the effect that because one ascertained facts exists, therefore another, which is included in it.
Actio personalis moritur cum persona
Actio personalis moritur cum persona
A personal right of action dies with the person. In another sense, if he dies, the right to sue is gone.
We can elaborate this maxim as:
- Actio stands for ‘an act’
- Personalis stands for ‘personal’
- Moritur stands for ‘death’
- Cum stands for ‘with’
- Persona stands for ‘person’.
According to the maxim, actions of tort or contract are destroyed by the death of either the injured or the injuring party. Some legal causes of action can no longer be brought after a person dies, in some cases, defamation. It has also been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry. In actions of tort, this was formerly a general rule, but recently its application has been so generally narrowed that it probably affects only actions for libel.
Actionable per se
Actionable per se
“The very act is punishable, and no proof of damage is required.”
Actions that do not require the allegation or proof of additional facts to constitute a cause of action nor any allegation or proof that damages were suffered.
In such actions, the plaintiff does not have to prove that he suffered any damages in order to have a cause of action. Tort claims normally require proof of damages.
If you haven’t suffered any loss, you have no claim. A tort that is actionable per se does not require proof of damages to be actionable; such a tort is actionable simply because it happened.
Ab initio
Meaning- “From the beginning”
It is a Latin term meaning “From the beginning”.
~Its general meaning is from the beginning or we can say from the starting.
i.e, from initial stage.
Actus reus non facit nisi mens sit rea
Introduction-
The maxim “Actus Non Facit Reum Nisi Mens Sit Rea” is a Latin Maxim derived from “Doctrine of Mens Rea”.
- It is constituted from two legal terms: “Actus Reus” (wrongful act) + (wrongful intention) “Mens Rea” = Crime (wrongful act committed with wrongful intention).
Meaning-
“An act does not make a person guilty unless there is a guilty mind.” i.e, “An act does not make anyone guilty unless there is a criminal intent or guilty mind.”
Actus Non Facit Reum Nisi Mens Sit Rea is a legal principle that means you cannot be guilty of a crime unless both an action and a guilty state of mind are present.
In simple terms, just doing something wrong (actus reus) doesn’t make you guilty. You also need to have a guilty mental state (mens rea). Without both of these elements, an act cannot be considered a crime. This principle highlights the importance of having both the action and the intention to commit a crime.
Example : If a person walking beside the road and then accidently jumps on to the car without any intention of casuing harm or injury. The act of jumping accidently has occured (actus reus) , there is no guilty mind or intention (mens rea) behind it. The absence of mens rea would prevent the act from constituting a crime.
