legal maxims part 3

1. Actus Non Facit Reum Nisi Mens Sit Rea- " An act is not crime unless it is done with a particular criminal intention"

is a Latin maxim which means that an act to be illegal, the person should do it with a guilty mind. Conviction of a crime requires proof of a criminal act and intent. A crime generally consists of two elements, a physical, wrongful deed (the “actus reus”), and a guilty mind that produces the act (the “mens rea”). A crime ordinarily is not committed if the mind of the person doing the act is innocent This Latin phrase is often given as a pinnacle of the common law criminal justice system and was valued by jurists. It was an essential component to all criminal cases. However, the maxim is subject to many criticisms.

2. Pro bono publico -"For the public good"

pro bono publico, Latin "for the public good," legal work performed by lawyers without pay to help people with legal  problems and  limited or  no     funds, or provide legal assistance to organizations involved  in  social  causes  such as the environmental,  consumers,  minorities,  youth,  battered  women  and  education organizations and charities.

3.Onus probandi -"The burden of proving, the burden of proof"

Generally, a party who alleges an affirmative position has to prove it. It is also a general rule that the onus probandi lies on the party who seeks to support his case by a particular fact of which he is supposed to be cognizant. However, when law presumes the affirmative, onus probandi lies on the party who denies the fact, to prove the negative. For example, law presumes the legitimacy of children born in wedlock. It is the duty of person denying legitimacy to prove the allegation.

4. Intra - vires - " Within the powers, within the authority given by law"

any corporation which works according to  memorandum of association is called intra-vires acts.

5. Ratio decidendi - " Reasons for deciding ; Grounds of decisions."

(plural rationes decidendi) is a Latin phrase meaning “the reason for the decision.” Ratio decidendi refers to the legal, moral, political and social principles on which a court’s decision rests. It is the rationale for reaching the decision of a case. It is binding on lower courts through the principle of Stare decisis. Ratio decidendi is a helpful tool for a lawyer.

Ratio is a ruling on a point of law and the decision on a point of law depends on facts of a case. Culling out ratio from a judgment is difficult. A thorough reading of an entire judgment is required to identify a ratio. Ration decidendi can be determined or identified in the following ways:

·         By distinguishing material facts from unimportant facts.

·         By discovering the precedents applied to identify the court’s approach.

·         By restricting analysis to the majority opinions.

·         By reading out subsequent decisions and considering it at several levels.