शुक्रवार, 13 अक्तूबर 2017

Part 2 Legal Maxims

1. Quid pro-quo - " Mutuality of giving one thing of value for another"


" Something for Something" or this for that in Latin this phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other, "a favor foe a favor" the mutual consideration that passes between two parties to a contractual agreement valid and binding in common usage.
         For Ex- When buying an item of clothing or a gallon of milk, a predetermined amount of money is exchanged for the product the customer is purchasing, therefore they have received something but have given up something of equal value in return.

2. Obiter dicta :- " an opinion of law not necessary to the decision"


           Obiter dictum (plural obiter dicta) is an opinion or a remark made by a judge which does not form a necessary part of the court's decision. The word obiter dicta is a Latin word which means “things said by the way.” Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting obiter dicta are therefore not binding. For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on merits of a case, then these opinions constitutes obiter dicta.


3. Inter alia- "Among-st other things

  Inter alia is a Latin term that means "among other things" It is used to indicate that something is one out of a number of possibilities. For example, "he filed suit against respondents in state court, alleging, inter alia, a breach of contract."


4. Locus-standi -" Signifies a right to be heard"

In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it. Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case. For example, in the United States, a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that the plaintiff is (or will be) harmed by the law. Otherwise, the court will rule that the plaintiff “lacks standing” to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. In order to sue to have a court declare a law unconstitutional, there must be a valid reason for whoever is suing to be there. The party suing must have something to lose in order to sue unless they have automatic standing by action of law.

5. Mala fide :- " In bad faith (opposite of bona fide)


Mala fides is a Latin term which means ‘in bad faith.’ For example, a seller's representation that a particular commodity is usable for a particular purpose when in fact the seller knows that it is not. A mala fide purchaser is a person buying property from another with the knowledge that it has been stolen. On the other hand, a bona fide purchaser buys property without the knowledge that the seller has no legal title to the property.

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