Legal Definitions - maxim

A maxim is a fundamental, long-established principle of law, often expressed in a concise and memorable phrase, frequently in Latin. These maxims represent core truths or rules that have guided legal reasoning and decision-making for centuries, serving as foundational statements for various legal concepts.

Here are some examples illustrating the concept of a legal maxim:

• Audi alteram partem

  This Latin maxim translates to "hear the other side." It embodies a crucial aspect of natural justice and due process.

  Example: During a university disciplinary hearing for a student accused of plagiarism, the committee ensures that the student is given a full opportunity to present their defense, call witnesses, and respond to the allegations made against them before any decision is reached.

  Explanation: This scenario illustrates audi alteram partem because the legal principle demands that both parties in a dispute or accusation must be heard fairly. The university committee's actions uphold this maxim by ensuring the accused student has a chance to present their perspective, preventing a one-sided judgment.

• Nemo judex in causa sua

  This maxim means "no one should be a judge in their own cause." It is a cornerstone of impartiality and the avoidance of conflicts of interest.

  Example: A city council member, who also owns a construction company, recuses themselves from voting on a proposal to award a lucrative public works contract to their own company, even though their vote might be decisive.

  Explanation: This situation demonstrates nemo judex in causa sua because the council member recognizes that their personal financial interest in the outcome would compromise their ability to make an objective decision. By stepping aside, they uphold the maxim that individuals with a personal stake in a matter should not be the ones deciding it.

• De minimis non curat lex

  Translated as "the law does not concern itself with trifles," this maxim suggests that courts should not waste resources on extremely minor issues that have no significant impact or cause negligible harm.

  Example: A homeowner discovers that their neighbor's fence encroaches onto their property by less than an inch. While technically a trespass, the homeowner decides not to pursue legal action because the encroachment causes no actual damage or inconvenience and would be disproportionately costly to litigate.

  Explanation: This scenario exemplifies de minimis non curat lex because the legal system, in practice, often overlooks trivial matters. Despite a technical violation, the minimal nature of the encroachment means that pursuing a lawsuit would be an inefficient use of legal resources for a problem that causes no substantial harm, aligning with the maxim's principle.