Legal Definitions - nemo

Nemo is a Latin term meaning "no one" or "no man." It is frequently used as the introductory word in various legal maxims and principles to emphasize that certain rules, rights, or limitations apply universally, without exception for any individual.

• Example 1: Consider the legal principle "Nemo debet bis vexari pro una et eadem causa." This translates to "No one should be twice troubled for one and the same cause."

  Explanation: This maxim, which begins with "nemo," is the foundation of the legal concept of double jeopardy. It means that once a person has been acquitted or convicted of a crime, they cannot be tried again for that exact same offense. The use of "nemo" highlights that this protection applies to every individual, ensuring fairness and finality in criminal proceedings.

• Example 2: In property law, there is the maxim "Nemo dat quod non habet." This means "No one gives what he does not have."

  Explanation: This principle, starting with "nemo," dictates that a person cannot transfer ownership of goods or property if they do not legitimately own it themselves. For instance, if someone steals a car and then tries to sell it, they cannot legally transfer ownership to a buyer because they never had legitimate title to begin with. "Nemo" underscores that no individual, regardless of their intent, can convey a right they do not possess.

• Example 3: A fundamental right in many legal systems is expressed by the maxim "Nemo tenetur seipsum accusare." This translates to "No one is bound to accuse himself."

  Explanation: This maxim, beginning with "nemo," is the basis for the right against self-incrimination. It means that an individual cannot be compelled to provide testimony or evidence that could lead to their own criminal conviction. For example, a witness in a trial can "plead the Fifth" (referring to the Fifth Amendment of the U.S. Constitution) to avoid answering questions that might incriminate them. "Nemo" ensures that this protection is afforded to every person facing legal scrutiny.