This maxim was originally used in a 1496 court case involving a woman who was ordered to pay a defamation penalty but passed away before doing so. Despite the Latinate form in which the proposition is articulated, academics have claimed that its origins are less archaic, and this has been recognized by the courts. One Lord Chancellor (Viscount Simon) regarded it as "not actually the source from which a body of law has been deduced, but a confusing expression, framed in the solemnity of the Latin tongue, in which the effect of death upon certain personal torts was inaccurately generalized." ... Read More

When a court deems something to be a case of ab initio, it indicates that the court's decision on the matter is effective as of the time the conduct in question occurred or as of the time the relevant circumstances were in place, not as of the time the court rendered its decision. Numerous contexts call for the use of the phrase ab initio. Such things as a contract, a statute, a deed, etc., can be declared void ab initio, which means void from the start. Something that is claimed to be void ab initio never existed or ... Read More

When The Court states an argument as ‘a fortiori’ it generally suggests one argument is dependent on another that is so strong that it ultimately is unanswerable. However, an argument a fortiori can be rebutted by questioning if such a conclusion can actually be drawn from the stronger argument. This refers to a circumstance in which if one argument or thing presented is true, it can be inferred that another is considerably more certain to be true. In simpler words If it has been proved that a person is deceased, it is equally or more certain that the person is ... Read More

When the Court states a conclusion, judgment or an argument as an ‘a priori’, that is necessarily true, and cannot be proved by experience or refuted by experience. Moreover is known to be true by a process of reasoning independent of all factual evidence. The phrase is frequently used to denote a conclusion that is assumed to be certain or that is made presumptuously, without consideration or research. Generally an a priori determination is made prior to conducting an investigation, to identify different kinds of knowledge, justification, or argument based on how much they rely on experience. What is A ... Read More

Posteriori which means after experience or after the analysis of fact refers to that knowledge is acquired by a person through observations, experiences, or empirical shreds of evidence this kind of knowledge is merely based on the facts that can be verified through scientific experiences. According to the Law, A Posteriori refers to a legal decision or judgment that is given by the judge after going through all the facts that were presented before him or based on some past events and shreds of evidence. Such facts on which the decision of the court is based have already occurred and ... Read More

From the Latin for "something said in passing". A judge's declaration, recommendation, or observation in a ruling that is not necessary to resolve the case and is hence not legally binding in other courts but may be used as evidence in the future. Also known as judicial dicta, dictum, and dicta. Obiter dictum is also typically applied to dissenting opinions. Obiter dicta cover a wide range of topics, from criticisms of opposing viewpoints to explanations of hypothetical situations, legislation, or even facts. Legal academics frequently differ on the precise definition of dicta in contrast to pronouncements of conclusive ... Read More

Nunc Pro Tunc is a principle rule of judicial administration which is used across times to administer justice in its entirety to parties in a court of law. It’s a legal phrase which refers to an order of court which directs that its earlier ruling would be applied retroactively. Hence, its just a procedural formulation which seeks to cure a prior defect in order to protect the rights of parties. What is the meaning of Nunc Pro Tunc? The phrase Nunc Pro Tunc is a Latin maxim which is literally defined as “now for then”. It means that a present ... Read More

This Latin maxim directly translates to ‘no crimes without law.’ Englishmen, according to Dicey, are subject to the law and the law alone. An Englishman may face punishment for breaking the law, but he cannot face punishment for any other offence. This is supported by the fact that the accused person's life and freedom are at risk. It is crucial that he first determine where he is in reference to criminal law. Otherwise, it would be extreme cruelty to punish him for breaking that law. This security is almost universal in all civilised legal systems worldwide, including India, ... Read More

The idea of Natural Justice is as old as human existence. The underlying principles behind the theory of Natural Justice is to ensure fairness and equality in all sorts of human affairs, especially those matters which result in affecting the life, liberty and rights of individuals. Further, there are two certain basic principles of Natural Principles which have been in existence for a long period of time. However, with the advancement of jurisprudence, certain other essential principles have also been inserted into the main theory. What is the meaning of Natural Justice? The doctrine of Natural Justice is based on ... Read More

The term "mandamus" means "command" in its literal sense. Mandamus is a prerogative remedy used to compel public authorities of all stripes to carry out their duty. A court of competent jurisdiction may issue an extraordinary writ to compel the performance of an act by a public official, an administrative agency, a corporation, or any other person only when there is a legal obligation to do so, the plaintiff has a clear right to such performance, and there is no other viable option available. In the United States, these orders typically emerge in federal court cases where a party ... Read More