CLAT 2019 | Important Legal Maxims | DU LLB AILET Law Entrance Exam

Summary

In this informative video by Priya from Finology Legal, viewers are introduced to essential legal maxims and terms crucial for CLAT and other exams. The discussion covers significant concepts like 'Damnum Sine Injuria' and 'Injuria Sine Damnum,' explaining legal principles with relatable examples. Key terms such as defamation, valid contracts, and important judicial doctrines like 'Stare Decisis' and 'Habeas Corpus' are also explored. This engaging overview not only clarifies complex legal principles but also encourages viewers to deepen their understanding of law, making it an invaluable resource for aspiring law students.

Takeaways

• 😀 Legal maxims such as 'Damnum Sine Injuria' refer to damage without legal injury, while 'Injuria Sine Damnum' refers to legal injury without actual damage.
• 😀 'Remedium' indicates that wherever there is a right, there is also a remedy available for protection.
• 😀 The maxim 'Ignorantia Juris Non Excusat' emphasizes that ignorance of the law is not an excuse for legal violations.
• 😀 'Actus Reus' signifies a guilty act, whereas 'Mens Rea' indicates a guilty mind, highlighting the importance of intent in legal matters.
• 😀 The principle of 'Nemo Bis Puniatur Pro Uno Delicto' asserts that no person can be punished twice for the same offense, reflecting the Double Jeopardy rule.
• 😀 'Nemo Tenetur Seipsum Accusare' protects individuals from being forced to incriminate themselves during legal proceedings.
• 😀 Understanding different types of contracts is crucial: valid contracts are binding, voidable contracts can be annulled, and void ab initio contracts are invalid from the start.
• 😀 'Caveat Emptor' is a reminder for buyers to be cautious and aware of what they are purchasing.
• 😀 In agency law, 'Respondeat Superior' holds the principal responsible for the actions of their agents.
• 😀 Key judicial principles like 'Stare Decisis' (following precedents) and 'Audi Alteram Partem' (hearing both sides) are foundational to justice and legal proceedings.

Q & A

What are the two main maxims discussed in the law of torts?

The two main maxims are 'damnum sine injuria' (damage without illegal act) and 'injuria sine damnum' (legal injury without actual damage).

Can you explain the meaning of 'damnum sine injuria' with an example?

'Damnum sine injuria' refers to suffering damage that is not due to an illegal act. For example, if you park your vehicle in a no-parking zone and receive a fine, the fine represents damage, but it arises from your own legal mistake.

What does 'injuria sine damnum' mean?

'Injuria sine damnum' means that a legal right has been violated without any actual damage occurring. An example is when someone trespasses on your property without causing any harm.

What is the significance of the maxim 'ubi jus ibi remedium'?

The maxim 'ubi jus ibi remedium' means 'where there is a right, there is a remedy.' It implies that every legal right must have an equivalent remedy available for its protection.

What are the two forms of defamation mentioned in the video?

The two forms of defamation are 'slander,' which is spoken defamation, and 'libel,' which is written defamation, such as in newspapers.

What do the terms 'actus reus' and 'mens rea' signify?

'Actus reus' refers to a guilty act, while 'mens rea' refers to a guilty mind or intention behind the act. Both are essential for establishing criminal liability.

Explain the principle of 'nemo bis in idem'.

'Nemo bis in idem' means that no person can be punished twice for the same act or cause of action, reflecting the double jeopardy principle found in Article 20 of the constitution.

What are the differences between a valid contract, voidable contract, and void ab initio?

A valid contract is enforceable by law, a voidable contract can be annulled by one party due to certain conditions (like misrepresentation), and a void ab initio contract is considered invalid from the outset, like a marriage involving minors.

What does 'caveat emptor' mean and its implication?

'Caveat emptor' means 'let the buyer beware,' implying that it is the buyer's responsibility to check the quality of goods before purchasing.

What is the purpose of the writ 'habeas corpus'?

The writ 'habeas corpus' is used to request the presentation of a person who has been unlawfully detained, ensuring their right to liberty is upheld.