.png)
25 Essential Legal Maxims for Criminal & Tort Law (With Examples)
- The Law Gurukul
- Jun 19, 2025
- 3 min read
Legal maxims serve as guiding principles in criminal law and torts, shaping how courts determine guilt, liability, and justice. For CLAT aspirants, law students, and legal professionals, mastering these Latin phrases is crucial for analyzing cases and crafting strong arguments.
In Part 3 of our 4-part series, we explore 25 key maxims that define criminal intent, negligence, and civil wrongs.
1. Actus reus + Mens rea
Meaning: "Guilty act + Guilty mind."
Example: Theft requires both stealing (actus reus) and intent to steal (mens rea).
2. Volenti non fit injuria
Meaning: "To one who consents, no harm is done."
Example: A football player cannot sue for injuries sustained during a match.
3. Res ipsa loquitur
Meaning: "The thing speaks for itself."
Example: A collapsing bridge implies negligence without needing further proof.
4. Damnum sine injuria
Meaning: "Damage without legal injury."
Example: A competitor’s legal business causing you losses isn’t actionable.
5. Injuria sine damno
Meaning: "Legal injury without actual damage."
Example: Trespassing on land is illegal even if no harm occurs.
6-25: Key Maxims for Criminal & Tort Cases
Maxim | Meaning | Example |
6. Scienti non fit injuria | "Knowledge defeats injury." | Signing a surgery waiver prevents later lawsuits for known risks. |
7. Respondeat superior | "Let the master answer." | Employers are liable for employee actions during work. |
8. Actio personalis moritur cum persona | "A personal action dies with the person." | Defamation claims cannot be inherited. |
9. In flagrante delicto | "In blazing offense." | A thief caught red-handed has weaker defenses. |
10. Mala in se | "Wrong in itself." | Crimes like murder are inherently immoral. |
11. Mala prohibita | "Wrong because prohibited." | Parking violations are illegal only because laws say so. |
12. Noscitur a sociis | "Known by its associates." | The word "vehicle" in a "no vehicles in park" rule includes bikes. |
13. Expressio unius est exclusio alterius | "Mentioning one excludes others." | If a law lists "dogs and cats," birds are excluded. |
14. Ignorantia facti excusat | "Ignorance of fact is excusable." | Accidentally taking someone else’s identical bag isn’t theft. |
15. Furtum non est ubi initium habet detentionis per dominum rei | "There’s no theft if the owner initially consented." | Borrowing a car without returning it isn’t theft if initially permitted. |
16. Novus actus interveniens | "An intervening act." | A thief’s reckless driving after stealing a car breaks liability chain. |
17. Causa causans | "Immediate cause." | A drunk driver hitting someone is the causa causans of injury. |
18. De minimis non curat lex | "The law ignores trifles." | A minor scratch in an assault case may be dismissed. |
19. Dura lex sed lex | "The law is harsh, but it is the law." | Mandatory sentencing applies even if the judge disagrees. |
20. Ex turpi causa non oritur actio | "No action arises from immoral acts." | A drug dealer cannot sue for stolen drugs. |
21. Furiosi nulla voluntas est | "A madman has no free will." | Insanity negates criminal intent. |
22. Imperitia culpae adnumeratur | "Incompetence is culpable." | A surgeon’s negligence during operation is punishable. |
23. In dubio pro reo | "In doubt, rule for the accused." | Benefit of doubt goes to the defendant. |
24. Lex talionis | "Law of retaliation." | "An eye for an eye" (rarely applied in modern law). |
25. Necessitas non habet legem | "Necessity has no law." | Breaking into a house to save someone from fire isn’t trespassing. |
Why These Matter for Exams & Practice
CLAT & Judiciary: Tested in legal reasoning and case analysis.
Tort Law: Maxims like respondeat superior define vicarious liability.
Criminal Defense: In dubio pro reo and furiosi nulla voluntas are key arguments.
How to Memorize Them?
Flashcards: Maxim on front, meaning + case example on back.
Hypotheticals: Apply maxims to real-world scenarios (e.g., "Does res ipsa loquitur apply if a soda bottle explodes?").
Case Links: Associate with landmark cases (e.g., Donoghue v Stevenson for negligence).
🔗 Missed Part 2? Read 25 Contract & Property Maxims Here
Your Turn!
Which maxim do you find most useful in criminal/tort cases? Comment below!