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  • Latin Maxim

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    Benilde Dungo
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    This document provides Latin maxims related to statutory interpretation and common law, along with their translations and definitions. Some key points: - Lex prospicit non respicit means the law looks forward not backward, prohibiting retrospective effects. - Lex de futuro judex de praterio indicates procedural laws can be retrospective while the law provides for the future and the judge for the past. - Absolute sentencia non indiget establishes that clear laws must be applied, not interpreted. - Ubi lex non distinguit nec nos distiguere debemus means where the law does not distinguish, neither can the interpreter. - Cessante ratione cesat ipsa lex

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    This document provides Latin maxims related to statutory interpretation and common law, along with their translations and definitions. Some key points: - Lex prospicit non respicit means the law looks forward not backward, prohibiting retrospective effects. - Lex de futuro judex de praterio indicates procedural laws can be retrospective while the law provides for the future and the judge for the past. - Absolute sentencia non indiget establishes that clear laws must be applied, not interpreted. - Ubi lex non distinguit nec nos distiguere debemus means where the law does not distinguish, neither can the interpreter. - Cessante ratione cesat ipsa lex

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    82 views2 pages

    Latin Maxim

    Uploaded by

    Benilde Dungo
    This document provides Latin maxims related to statutory interpretation and common law, along with their translations and definitions. Some key points: - Lex prospicit non respicit means the law looks forward not backward, prohibiting retrospective effects. - Lex de futuro judex de praterio indicates procedural laws can be retrospective while the law provides for the future and the judge for the past. - Absolute sentencia non indiget establishes that clear laws must be applied, not interpreted. - Ubi lex non distinguit nec nos distiguere debemus means where the law does not distinguish, neither can the interpreter. - Cessante ratione cesat ipsa lex

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    LATIN MAXIM TRANSLATION DEFINITION

    Lex Prospicit Non Respicit The law looks forward, not In every case of doubt, it must be
    backward solved against retrospective effect

    Lex De Futuro Judex De Praterio The law provides for the future, the Procedural laws are retrospective
    judge for the past

    Absolute Sentencia Non Indiget An absolute sentence needs no When the law is clear, it is the
    explanation court’s duty to apply it, not
    interpret it
    Optima Statuti Interpretatriz est The best interpreter of a statute is It is not within the power of the
    Ipsum Statutum the statute itself court to set aside the clear and
    explicit mandate of a statutory
    provision
    Ratio Legis Est Anima The reason of the law is the soul of
    the law
    Ratio Legis The principle behind the law Intention of the legislature

    Cessante Ratione Cesat Ipsa Lex The reason for a law ceasing, the
    law itself ceases

    Expressio Unius Est Exclusio The expression of one thing is the What is not included in those
    Alterius exception of another enumerated in a statute are
    deemed excluded (not a general
    rule, applied only as means of
    discovering legislative intent)

    Generalia Specialibus Non General things do not derogate A general law does not nullify a
    Derogant from special things specific or special law
    Dura Lex Sed Lex The law may be harsh but it is the It is the sworn duty of the judge to
    law apply the law without fear or favor
    Cogitationis Poenam Nemo Emerit Nobody endures punishment for Felony is an act or omission that is
    thought voluntary (Article 3, Revised Penal
    Code)
    Actus Non Facit Reum Nisi Mens Sit Actions do not make a person
    Rea guilty unless the mind is guilty The act itself does not make a man
    Actus Me Invito Factus Non Est An act done by me against my will guilty unless his intention were so
    Meus Actus is not my act
    Ignorantia Legis Neminem Excusat Ignorance of the law excuses no Article 3, New Civil Code
    one
    Ignorantia Factus Excusat Ignorance of fact is an excuse Mistake of Fact

    Ubi Lex Non Distinguit Nec Nos Where the law does not “No person shall be deprived of
    Distiguere Debemos distinguish, nor the interpreter life, liberty or property without due
    must distinguish process of law, nor shall any person
    be denied equal protection of the
    laws” (Article III, Section 1,
    Constitution)
    Mens Legislatores The mind of legislators The courts should give the statute
    reasonable or liberal construction
    which will best effect its purpose
    rather than one which will defeat
    it.
    Reddendo Singula Singulis Refering each to each Each word phrase or clause must
    be referred to their proper
    connection in order to give it
    proper force and effect.
    Cassus Omissus Pro Omisso A case omitted is to be held as If a person or object is omitted
    Habbendus Est intentionally omitted from an enumeration in the statue,
    it must be held to have been
    intentionally omitted
    Noscitur a Sociis Known from its associates When a word is ambiguous, its true
    meaning may be clear by
    considering the company in which
    it is found, or with which it is
    associated
    Ejusdem Generis Of the same kind When general words follow the
    designation of particular things, the
    general words will usually be
    construed to include only those
    persons or things of the same class
    as those specifically enumerated.

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