This is a list of latin maxims I gleaned from studying The Dictionary Of Canadian Law by Daphne Dukelow (3rd Edition). I am reproducing them here as I believe they are relevant to political life in Canada today and can help secure our future as a unique nationality.
This list is by no means exhaustive. There may be additional maxims of Canadian law that have not be included here.
The list is as follows:
- prior tempore potior jure – The person first in time is preferred in right.
- testes ponderantur, non numerantur – witnesses should be weighed, not numbered.
- jus non patitur ut iden bis solvatur – The law does not require a second payment for the same thing.
- juris effectus in executione consistit – The effect of law is given by execution.
- jura publica anteferenda privatis – Public rights should be preferred over private rights.
- volenti non fit injuria – To a willing person, injury is not done.
- judicium a non suo judice datum nullius estmomenti – A judgement given without proper jurisdiction has no effect in law.
- melius est petere fontes quam sectari rivulos – It is better to go to the source than follow tributaries.
- mentio unius exclusio alterius – To mention one thing is to exclude another.
- minatur innocentibus, qui parcit nocentibus – Whoever spares the guilty threatens the innocent.
- multa concedunter per obliquum, quae non concedunter de directo – Many things are permitted indirectly which are not permitted directly.
- fatetur facinus qui judicium fugit – One who flees judgement admits guilt.
- lex prospicit non respicit – The law looks forward, not backward.
- lex uno ore omnes alloquitur – The law addresses all parties with a single voice.
- lex est dictamen rationis – Law is the pronouncement of reason.
- leges extra territorium non obligant – Laws are not binding outside their own territory.
- judices non tenentur exprimere causam sententiae suae – Judges are not required to explain the reason for their decisions.
- nemo reus est nisi mens sit rea – No one is guilty unless they have a guilty mind.
- quot homines tot sententiae – There are as many opinions as there are people.
- quod nullius est id ratione naturali occupanti conceditur – What belongs to no one is by natural right granted to its occupier.
- rerum suarum quilibet est moderator et arbiter – Each person is manager and judge of their own affairs.
- non est regula quis fallet – A rule does not exist without exceptions.
- quod ab initio non valet in tractu temporis non convalecit – What does not go well from the beginning will not improve with the passage of time.
- res judicata pro veritate accipitur – Until reversed, a judicial decision is conclusive and its truth may not be contradicted.
- nemo patriam in qua natus est exuere nec ligeantiae debitum enjurare possit – No one can cast away the country where they were born, nor foreswear the allegience owed to its sovereign.
- nihil habet forum ex scena – The court has no concern for things which are not before it.
- eodem ligamine quo ligatum st dissolvitur – An obligation is ended the same way in which it was imposed.
- qui vult decipi decipiatur – Let the one who wants to be deceived be deceived.
- non jus, sed seisina, facit stipitem – Not right, but seisin, makes the family tree.
- os demonstrat quod cor ruminator – The mouth divulges what the heart is thinking.
- multitudo errantium non parit errori patrocinium – That many people make the mistake does not excuse the error.
- respiciendum est judicanti, ne quid aut durius aut remissius constituatur quam causa deposcit; nec enim aut severitatis aut clementiae gloria affectanda est – The one who judges should be mindful that nothing either more severe or more lenient is done than the case merits; for distinction should not be achieved by either severity or leniency.
- ignorantia juris non excusat – Ignorance of the law is no excuse.
- illus quod alias licitum non est necessitas facit licitum; et necessitas inducit privilegium quod jure privatur – Necessity permits what otherwise is not permitted; and necessity establishes a privilege which is justly removed.
- clam deliquentes magis puniunter quam palam – Those who sin secretly are punished more severely than those who sin openly.
- arma in armatos sumere jura sinunt – To use arms against persons who are armed is justifiable.
- judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam – Judgements often ripen through deliberation, never in a hurried process.
- invito beneficium non datur – A benefit is not given to anyone who did not ask for it.
- actor sequitur forum rei – A plaintiff must take the case to the defendant’s jurisdiction.
- majus dignum trahit ad se minus dignum – The more worthy brings the less worthy along with it.
- crescente malitia crescere debet et poena – Where malice increases, punishment should also increase.
- cujus est dare ejus est disponere – The one who gives something can also control its disposition.
- debile fundamentum fallit opus – A weak foundation destroys the work.
- dies dominicus non est juridicus – The Lord’s Day (Sabbath) is not a day for business (Lord’s Day Act).
- libertas est naturalis facultas ejus quod cuique facere libet – Freedom is the power given by nature to do whatever one pleases.
- longa possessio parit jus possidendi et tollit actionem vero domino – Prolonged possession creates a right of possession, and removes any right of action from the real owner.
- justitia nemini neganda est – Justice should be denied to no one.
- melius est omnia mala pati quam malo consentire – It is better to endure all evil than to agree to evil.
- in his quae de jure communi omnibus conceduntur, consuetudo alicujus patriae vel loci non est alleganda – In those things which common right concedes to all, the custom of a particular country or place should not be brought forward.
- jus descendit, et non terra – Right descends, and not the land.
- in judicio non creditor nisi juratis – In trial, no one’s evidence is accepted unless that person is sworn.
- jus non habenti tute non paretur – It is safe to disobey one who has no legal right.
- justitia debet esse libera – Justice should be free.
- vir et uxor consentur in lege una persona – Husband and wife are held to be one person in law.
- vigilantibus subvenit lex – The law helps the vigilant.
- vim vi repellere licet, modo fiat moderamine inculpatae tutelae – It is legal to repel force with force, as long as it is governed by a desire to defend.
- vox emissa volat, litera scripta manet – The spoken word disappears, the written word remains.
- rex non potest peccare – The monarch can do no wrong.
- legatus regis vice fungitura quo destinatur et honograndus est sicut ille cujus vicemgerit – An ambassador takes the place of the monarch who sent them and should be honoured just as the person in whose place they stand.
- jurare est deum in testem vocare, et est actus divini cultus – To swear is to call a deity to witness, and is an act of religious worship.
- vix ulla lex fieri potest quae omnibus commoda sit – Barely any law can be made which is applicable to everything.
- qui sentit commodum sentire debet etonus – The one who bears the burden should also reap the benefit.
- salus populi est suprema lex – The safety of the people is the highest law.
- quae non valeant singula juncta juvant – Words which have no effect alone are effective when combined.
- quod nullius est, est domini regis – What belongs to no individual belongs to the sovereign.
- quod necessarium est licitum – What is necessary is also lawful.
- impunitas semper ad deteriora invitat – leaving a crime unpunished invites worse crimes to be committed.
- electa una via, non datur recursus ad alteram – Having elected, recourse to the alternative is not permitted.
- donari videtur, quod nullo jure cogente conceditur – A thing is considered given when it is transferred any way except by virtue of right.
- error qui non restitur, approbatur – One who fails to rectify a mistake is deemed to have approved it.
- do ut facias – I give so that you may perform.
- nec veniam, effuso sanguine innocentis, casus habet – If innocent blood is spilled, the case is unforgivable.
- extra legem positus est civiliter mortuus – One placed outside the law is dead civilly.
- omne quod solo inaedificatur solo cedit – Everything built into the ground is merged with it.
- omnia quae jure contrahuntur, contrario jure pereunt – All things accomplished by a law come to naught with a contradictory law.