Term Library
Explore 20 pre-seeded legal terms from Black's Law Dictionary (12th ed. 2024). Each term has precise algebraic form and clear definitions.
Showing 105 of 105 terms
M_accessiomaximAccessio Cedit Principali
The accessory follows the principal. Ownership of a thing includes ownership of its accessories and fruits.
Property Law
M_actori_incumbitmaximActori Incumbit Onus Probandi
The burden of proof rests on the plaintiff/claimant to prove their case.
Evidence Law
M_actus_reusmaximActus Non Facit Reum Nisi Mens Sit Rea
An act does not make a person guilty unless their mind is also guilty. The fundamental principle requiring both a guilty act (actus reus) and guilty mind (mens rea) for criminal liability.
Bouvier's Law Dictionary (1856)
M_ad_idemmaximAd Idem
Of the same mind. Agreement on all material terms required for valid contract formation.
Contract Law
M_aequitasmaximAequitas Sequitur Legem
Equity follows the law. Courts of equity will follow and apply legal rules, not act contrary to established law.
Bouvier's Law Dictionary (1856)
M_allegans_contrariamaximAllegans Contraria Non Est Audiendus
He who makes contradictory statements should not be heard.
Procedural Law
V_amountvalueAmount
The total or aggregate of two or more quantities; a quantity at large.
Black's Law Dictionary, 12th ed. (2024)
M_animus_contrahendimaximAnimus Contrahendi
Intention to contract. The required mental state showing parties intended to create legal relations.
Contract Law
M_audiaturmaximAudi Alteram Partem
Hear the other side. A principle of natural justice requiring that no person should be judged without a fair hearing in which each party is given opportunity to respond.
Roman Law / Natural Justice
M_bona_fidemaximBona Fide
In good faith; without fraud or deceit. Acting honestly and sincerely without intention to defraud or deceive another party.
Bouvier's Law Dictionary (1856)
Op_breachoperatorBreach
A violation or infraction of a law, obligation, or promise, whether by neglect, refusal, or some positive act.
Black's Law Dictionary, 12th ed. (2024)
M_caveat_emptormaximCaveat Emptor
Let the buyer beware. The principle that the buyer alone is responsible for checking the quality and suitability of goods before purchase.
Bouvier's Law Dictionary (1856)
M_caveat_venditormaximCaveat Venditor
Let the seller beware. The counterpart to caveat emptor, placing responsibility on the seller to ensure goods are fit for purpose.
Modern Commercial Law
M_clausula_rebusmaximClausula Rebus Sic Stantibus
Things remaining as they are. Contracts may be voided if fundamental circumstances change dramatically.
International Law / Frustration
E_companyentityCompany
A corporation — or, less commonly, an association, partnership, or union — that carries on a commercial or industrial enterprise.
Black's Law Dictionary, 12th ed. (2024)
C_conditionconditionCondition
A future and uncertain event on which the existence or extent of an obligation or liability depends; an uncertain act or event that triggers or negates a duty to render a promised performance.
Black's Law Dictionary, 12th ed. (2024)
C_ifconditionConditional
Subject to or dependent on a condition.
Black's Law Dictionary, 12th ed. (2024)
Op_andoperatorConjunction
The act of joining together; combination.
Black's Law Dictionary, 12th ed. (2024)
M_consensusmaximConsensus Ad Idem
Agreement to the same thing. A meeting of the minds; mutual assent to the same terms, essential for contract formation.
Bouvier's Law Dictionary (1856)
M_contra_proferentemmaximContra Proferentem
Against the offeror. Ambiguous contract terms are construed against the party who drafted them.
Bouvier's Law Dictionary (1856)
C_contractentityContract
An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law; a binding, enforceable agreement.
Black's Law Dictionary, 12th ed. (2024)
M_cuius_est_solummaximCuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos
Whoever owns the soil owns everything up to the heavens and down to the depths.
Property Law
M_damnummaximDamnum Sine Injuria
Damage without legal injury. A loss or harm for which no legal remedy exists because no legal right has been violated.
Bouvier's Law Dictionary (1856)
M_de_minimismaximDe Minimis Non Curat Lex
The law does not concern itself with trifles. Courts will not adjudicate matters of minimal significance.
Bouvier's Law Dictionary (1856)
M_equity_delaymaximDelay Defeats Equity
Unreasonable delay in asserting rights bars equitable relief (doctrine of laches).
Equity
M_delegatusmaximDelegatus Non Potest Delegare
A delegate cannot delegate. One to whom power or authority is delegated cannot further delegate that power unless expressly authorized.
Bouvier's Law Dictionary (1856)
O_deliverobligationDelivery
The formal act of transferring something to another; the giving or yielding possession or control of something to another.
Black's Law Dictionary, 12th ed. (2024)
M_dolo_malomaximDolo Malo
With evil intent; with fraud or deceit. Actions performed with malicious purpose or fraudulent design.
Roman Law
C_durationconditionDuration
The length of time something lasts; a continuance in time.
Black's Law Dictionary, 12th ed. (2024)
M_presumption_innocencemaximEi Incumbit Probatio Qui Dicit Non Qui Negat
The burden of proof lies upon he who affirms, not he who denies. Presumption of innocence.
Criminal Procedure
M_ejusdemmaximEjusdem Generis
Of the same kind. When general words follow specific words in a list, the general words are limited to things similar to the specific words.
Bouvier's Law Dictionary (1856)
O_employobligationEmployment
A contract by which one party (the employer) engages another (the employee) to perform services in exchange for wages or salary.
Black's Law Dictionary, 12th ed. (2024)
M_equity_equalitymaximEquality Is Equity
Where parties have equal claims and no other basis for preference, equity divides equally.
Equity
M_equity_substancemaximEquity Looks To The Intent Rather Than The Form
Equity considers the true intention of parties rather than strict legal formalities.
Equity
M_equity_specificmaximEquity Regards As Done That Which Ought To Be Done
Equity treats obligations as already performed when they should have been.
Equity
M_ex_dolomaximEx Dolo Malo Non Oritur Actio
No action arises from fraud. A party cannot found a claim on their own wrongdoing or illegal act.
Roman Law
M_ex_nudomaximEx Nudo Pacto Non Oritur Actio
No action arises from a bare agreement. An agreement without consideration cannot be enforced.
Bouvier's Law Dictionary (1856)
M_ex_post_factomaximEx Post Facto
After the fact. A law that retroactively changes the legal consequences of actions committed before its enactment is generally prohibited.
Constitutional Law
M_expressiomaximExpressio Unius Est Exclusio Alterius
The expression of one thing is the exclusion of another. When specific items are listed, items not included are presumed excluded.
Bouvier's Law Dictionary (1856)
M_fiat_justitiamaximFiat Justitia Ruat Caelum
Let justice be done though the heavens fall. Justice must be realized regardless of consequences.
Roman Law
M_fraudmaximFraud
A knowing misrepresentation or knowing concealment of a material fact made to induce another to act to his or her detriment.
Black's Law Dictionary, 12th ed. (2024)
M_fraus_omniamaximFraus Omnia Corrumpit
Fraud vitiates everything. Any transaction or proceeding tainted by fraud is void ab initio.
Bouvier's Law Dictionary (1856)
M_generaliamaximGeneralia Specialibus Non Derogant
General provisions do not derogate from specific ones. Specific terms prevail over general terms.
Statutory Interpretation
M_equity_clean_handsmaximHe Who Comes Into Equity Must Come With Clean Hands
A party seeking equitable relief must not have acted wrongfully regarding the matter in dispute.
Equity
M_ignorantia_factimaximIgnorantia Facti Excusat
Ignorance of fact excuses. A person may be excused from liability if they were genuinely unaware of material facts.
Bouvier's Law Dictionary (1856)
M_ignorantia_jurismaximIgnorantia Juris Non Excusat
Ignorance of the law is no excuse. Every person is presumed to know the law and cannot escape liability by claiming ignorance.
Bouvier's Law Dictionary (1856)
M_in_clarismaximIn Claris Non Fit Interpretatio
Clear text needs no interpretation. When language is unambiguous, it should be applied as written.
Statutory Interpretation
M_in_dubiomaximIn Dubio Pro Reo
When in doubt, for the accused. Doubt must be resolved in favor of the defendant.
Criminal Law
M_in_pari_delictomaximIn Pari Delicto Potior Est Conditio Defendentis
In equal fault, the position of the defendant is stronger. When both parties are equally at fault, the defendant prevails.
Bouvier's Law Dictionary (1856)
M_injuriamaximInjuria Sine Damno
Legal injury without damage. A violation of a legal right even without actual loss still gives rise to a cause of action.
Bouvier's Law Dictionary (1856)
M_jus_cogensmaximJus Cogens
Peremptory norms. Fundamental principles of international law that cannot be derogated from by treaty.
International Law
O_leaseobligationLease
A contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for consideration, usu. rent.
Black's Law Dictionary, 12th ed. (2024)
M_lex_injustamaximLex Injusta Non Est Lex
An unjust law is no law at all. A principle that an unjust law lacks moral authority.
Legal Maxims Dictionary
M_lex_locimaximLex Loci Contractus
The law of the place of contract. Contracts are governed by the law of the place where they were made.
Conflict of Laws
M_lex_posteriormaximLex Posterior Derogat Priori
A later law repeals an earlier one. When two laws conflict, the more recent law prevails.
Bouvier's Law Dictionary (1856)
M_lex_specialismaximLex Specialis Derogat Generali
A specific law prevails over a general law. Special provisions take precedence over general ones.
Bouvier's Law Dictionary (1856)
M_nemo_allegansmaximNemo Allegans Suam Turpitudinem Audiendus Est
No one alleging their own disgrace is to be heard. One cannot benefit from their own wrong.
Equity
M_nemo_datmaximNemo Dat Quod Non Habet
No one can give what they do not have. A person cannot transfer better title than they possess.
Bouvier's Law Dictionary (1856)
M_nemo_debetmaximNemo Debet Bis Vexari Pro Eadem Causa
No one should be tried twice for the same cause. The principle against double jeopardy.
Constitutional Law
M_nemo_judexmaximNemo Judex In Causa Sua
No one should be a judge in their own cause. A fundamental principle against bias in adjudication.
Natural Justice
M_nemo_plusmaximNemo Plus Juris Ad Alium Transferre Potest Quam Ipse Habet
No one can transfer to another more rights than they themselves have.
Property Law
M_nemo_teneturmaximNemo Tenetur Seipsum Accusare
No one is bound to accuse themselves. The privilege against self-incrimination.
Constitutional Law
M_nosciturmaximNoscitur A Sociis
A word is known by its companions. The meaning of an ambiguous word is determined by the words surrounding it.
Bouvier's Law Dictionary (1856)
M_nulla_poenamaximNulla Poena Sine Lege
No punishment without law. Punishment can only be imposed for acts that were criminal when committed.
Criminal Law
M_nullum_crimenmaximNullum Crimen Sine Lege
No crime without law. An act is not criminal unless prohibited by law at the time it was committed.
Criminal Law
O_obligationobligationObligation
A legal or moral duty to do or not do something; the duty is owed by one person (the obligor) to another (the obligee). See civil obligation; contractual obligation.
Black's Law Dictionary, 12th ed. (2024)
R_occupyrightOccupancy
The act of taking possession; the state of being in possession; the act of holding or keeping possession.
Black's Law Dictionary, 12th ed. (2024)
M_onus_probandimaximOnus Probandi
The burden of proof. The obligation to prove allegations rests on the party making them.
Evidence Law
R_ownrightOwnership
The bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others.
Black's Law Dictionary, 12th ed. (2024)
M_pacta_suntmaximPacta Sunt Servanda
Agreements must be kept. The fundamental principle that contracts are binding and must be performed in good faith.
International Law / Contract Law
M_pacta_tertiismaximPacta Tertiis Nec Nocent Nec Prosunt
Treaties neither impose obligations nor confer rights on third states without their consent.
International Law
M_par_delictummaximPar Delictum
Equal fault. When parties are equally culpable, neither can recover from the other.
Bouvier's Law Dictionary (1856)
O_payobligationPayment
The fulfillment of a promise or the performance of an agreement; a discharge of a debt or liability by the delivery of money or other value by a debtor to a creditor.
Black's Law Dictionary, 12th ed. (2024)
E_personentityPerson
A human being; also, an entity (such as a corporation) that is recognized by law as having most of the rights and duties of a human being.
Black's Law Dictionary, 12th ed. (2024)
M_possessiomaximPossessio Est Prima Facie Titulus
Possession is prima facie evidence of title. The possessor is presumed to be the owner until proven otherwise.
Property Law
M_prior_temporemaximPrior Tempore Potior Jure
First in time, stronger in right. Earlier rights take priority over later ones.
Property Law / Priority
M_quantum_meruitmaximQuantum Meruit
As much as deserved. Recovery for the reasonable value of services rendered when no contract price was agreed.
Quasi-Contract
M_quantum_valebantmaximQuantum Valebant
As much as they were worth. Recovery for reasonable value of goods supplied without agreed price.
Quasi-Contract
M_qui_facitmaximQui Facit Per Alium Facit Per Se
He who acts through another acts himself. A principal is responsible for acts done by their agent within authority.
Agency Law
M_qui_sentitmaximQui Sentit Commodum Sentire Debet Et Onus
He who enjoys the benefit should also bear the burden.
Equity
M_quicquid_plantaturmaximQuicquid Plantatur Solo Solo Cedit
Whatever is attached to the soil belongs to the soil. Fixtures become part of the land.
Property Law
M_quod_ab_initiomaximQuod Ab Initio Non Valet In Tractu Temporis Non Convalescit
What is invalid from the beginning does not become valid by passage of time.
Bouvier's Law Dictionary (1856)
M_rebus_sicmaximRebus Sic Stantibus
Things standing thus. Treaties remain valid only while circumstances remain the same.
International Law
R_receiverightReceipt
The act of receiving something given or delivered; esp., the act of taking possession; written acknowledgment of such an act.
Black's Law Dictionary, 12th ed. (2024)
M_reddendomaximReddendo Singula Singulis
Referring each to each. Words in a list should be read distributively, each applying to its corresponding item.
Statutory Interpretation
R_remedyrightRemedy
The means of enforcing a right or preventing or redressing a wrong; legal or equitable relief.
Black's Law Dictionary, 12th ed. (2024)
O_rentobligationRent Payment
The consideration paid, usually periodically, for the use of another's property.
Black's Law Dictionary, 12th ed. (2024)
M_res_ipsamaximRes Ipsa Loquitur
The thing speaks for itself. Negligence may be inferred from the nature of an accident when it would not normally occur without negligence.
Tort Law
M_res_judicatamaximRes Judicata
A matter judged. A case that has been decided by a competent court cannot be litigated again between the same parties.
Procedural Law
M_respondeatmaximRespondeat Superior
Let the master answer. An employer is liable for wrongful acts of employees performed within scope of employment.
Agency Law / Vicarious Liability
M_restitutiomaximRestitutio In Integrum
Restoration to the original position. The remedy of returning parties to the state they were in before a contract or wrong.
Remedies Law
R_rightrightRight
Something that is due to a person by just claim, legal guarantee, or moral principle; a power, privilege, or immunity secured to a person by law.
Black's Law Dictionary, 12th ed. (2024)
R_workrightRight to Work
An employee's entitlement to perform labor services in exchange for compensation under an employment agreement.
Black's Law Dictionary, 12th ed. (2024)
O_saleobligationSale
The transfer of property or title for a price.
Black's Law Dictionary, 12th ed. (2024)
M_salus_populimaximSalus Populi Suprema Lex
The welfare of the people is the supreme law. Public safety takes precedence over individual rights in emergencies.
Constitutional Law
M_sic_uteremaximSic Utere Tuo Ut Alienum Non Laedas
Use your own property so as not to injure another's. Property rights are limited by the duty not to harm neighbors.
Property Law / Nuisance
M_stare_decisismaximStare Decisis
To stand by things decided. Courts follow precedents established by earlier decisions in similar cases.
Common Law Jurisprudence
C_terminationconditionTermination
The end of something in time or existence; conclusion or cessation of a contract.
Black's Law Dictionary, 12th ed. (2024)
M_uberrimae_fideimaximUberrimae Fidei
Of the utmost good faith. Certain contracts (insurance, partnerships) require full disclosure of material facts.
Insurance Law
M_ubi_jusmaximUbi Jus Ibi Remedium
Where there is a right, there is a remedy. Every violation of a right must have a corresponding legal remedy.
Bouvier's Law Dictionary (1856)
M_ultra_viresmaximUltra Vires
Beyond the powers. Acts performed outside the scope of legal authority are void and unenforceable.
Corporate Law / Administrative Law
M_ut_resmaximUt Res Magis Valeat Quam Pereat
Interpret to validate rather than destroy. Prefer interpretations that give effect to agreements.
Contract Interpretation
V_valuevalueValue
The significance, desirability, or utility of something; the monetary worth or price of something; the amount of goods, services, or money that something will command in an exchange.
Black's Law Dictionary, 12th ed. (2024)
M_lachesmaximVigilantibus Non Dormientibus Aequitas Subvenit
Equity aids the vigilant, not those who sleep on their rights. Delay in asserting rights may bar equitable relief.
Equity Jurisprudence
M_volentimaximVolenti Non Fit Injuria
To a willing person, no injury is done. One who consents to a risk cannot later complain of resulting harm.
Tort Law