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Legal Maxims and Courtroom Terminology
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Legal Maxims and Courtroom Terminology
Legal Maxims and Courtroom Terminology
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1
Question
Which maxim places the burden of proof on the party who affirms?
Page 1
Answer
Affirmanti non neganti incumbit probatio.
2
Question
Why does Actus non facit reum, nisi mens sit rea require more than an act?
Page 1
Answer
The act must be done with intent of guilt.
3
Question
Which principle protects a person from being condemned unheard?
Page 1
Answer
Audi alteram partem: hear the other side.
4
Question
When a plaintiff fails to prove the case, what follows under Actori non probante absolvitur reus?
Page 1
Answer
The defendant is absolved.
5
Question
What bar applies after a competent court has acquitted or convicted someone for the same offence?
Page 1
Answer
Further prosecution for that offence is barred.
6
Question
Which maxim states that equity assists law rather than creating it?
Page 1
Answer
Aequitas non facit jus sed juri auxilatur.
7
Question
What does caveat emptor instruct a buyer to do?
Page 2
Answer
Let the buyer beware.
8
Question
Which writ calls for records from an inferior court or judicial body?
Page 2
Answer
Certiorari.
9
Question
What does corpus delicti refer to in criminal law?
Page 2
Answer
The body, substance, or foundation of an offence.
10
Question
What does de minimis non curat lex mean?
Page 2
Answer
The law does not take account of trifles.
11
Question
Which maxim says that the law of the place where an offence occurs governs?
Page 3
Answer
Debet quis juris subjacere ubi delinquit.
12
Question
What does dictum describe in a judge's decision?
Page 3
Answer
A statement of law made by a judge in deciding a case.
13
Question
Which principle says that facts carry greater force than words?
Page 3
Answer
Facta sunt potentiora verbis.
14
Question
What does habeas corpus require when a person is detained?
Page 8
Answer
The detained person must be brought before a court, particularly to challenge unlawful detention.
15
Question
How does ignorance of fact differ from ignorance of law under the stated maxim?
Page 4
Answer
Ignorance of fact may excuse; ignorance of law does not.
16
Question
What can happen to a dying declaration under In articulo mortis?
Page 4
Answer
It can be admitted in evidence after the declarant's death in a murder or manslaughter trial.
17
Question
What does Nemo judex in causa sua prohibit?
Page 6
Answer
A person cannot be a judge of their own cause.
18
Question
Which principle prohibits punishing a person twice for the same offence?
Page 6
Answer
Nemo bis punitur vexatur pro eodem; no one is punished twice for the same offence.
19
Question
What does ratio decidendi identify in a judgment?
Page 7
Answer
The principle or reasons underlying a decision.
20
Question
What's wrong with thinking an obiter dictum is binding?
Page 6
Answer
It is an incidental judicial opinion that is not binding.
21
Question
Which writ challenges unlawful detention by requiring a detained person to appear in court?
Page 8
Answer
Habeas Corpus.
22
Question
Which legal process asks a higher court to review a lower court's decision?
Page 8
Answer
An appeal.
23
Question
What is the purpose of cross-examination in a court case?
Page 8
Answer
The opposing party questions a witness.
24
Question
Which party brings a civil action before a court?
Page 8
Answer
The plaintiff.
25
Question
Which party is the target of a legal action?
Page 8
Answer
The defendant.
26
Question
What does jurisdiction establish for a court?
Page 8
Answer
Its legal authority to hear and decide a particular case.
27
Question
Which court order requires a person to do or refrain from a specific act?
Page 8
Answer
An injunction.
28
Question
How does a summons differ from a subpoena in its stated purpose?
Page 8
Answer
A summons requires a person to appear before a court. A subpoena can require attendance, testimony, or production of evidence.
29
Question
Which term means temporary release of an accused person awaiting trial?
Page 8
Answer
Bail.
30
Question
What distinguishes a tort from a criminal offence in the listed definition?
Page 8
Answer
A tort is a civil wrong causing harm or loss for which a legal remedy may be available.