Most lawyers like to throw Latin phrases. The reason for this is that the legal system of ancient Rome had a strong influence on the legal systems of most Western countries. After all, the Romans had once conquered most of Europe, the Middle East, and North Africa. The Roman motto was divide et impera (dee-vee-deh eht im-peh-rah) – «divide and rule». When they conquered the nations, they set out to «Latinize» the «barbarians» (all those who were not Romans). Their goal was to teach them to think, act and be like true Romans. As the Roman Empire disintegrated and disappeared, the new orders in all these countries gradually adapted to the existing legal system. England (and most of its former colonies) and the United States of America use a variant of ancient Roman law called «common law». That`s why today`s lawyers love these Latin phrases! (Well, that and the fact that you can`t leave law school without mastering it.) This legal maxim states that every accused person has the right to plead not guilty and that a witness is not required to give an answer or produce any document incriminating him. For our law not only refuses to ask a person to accuse himself, but it will not allow his confession unless it is proven that it was made freely and willfully.

It is a law that retroactively modifies the legal consequences (or status) of acts committed before the promulgation of the law or relationships that existed before the promulgation of the law. 14. These principles have been recognized over time in the form of bills of rights and constitutions of various countries that have recognized the Roman maxim `Ubi Jus Ibi Remedium`, that is, any right, if violated, must be endowed with a right of appeal. In the Court`s decisions, the concept of access to justice has been deepened and developed, inter alia, to include the obligation of the State to provide all its citizens with the means for a just and peaceful settlement of disputes between them concerning their respective legal rights. 7. «. To determine whether a decision is «declared just», a law cannot be called if a concession point is sold and the principle underlying a decision is binding. A judgment of the Court must be read in conjunction with the questions raised in the case which gave it. An obiter dictum, distinct from a ratio decidendi, is a remark made by the Court on a question of law raised in a dispute pending before it, but which does not arise in a manner requiring a decision. Such an obiter may have no binding precedent, since the remark was not necessary for the decision proclaimed, but even if an obiter may not have binding effect as a precedent, it cannot be denied that it carries considerable weight …

Generous interpretations of acts must be made so that purpose can exist rather than fall; and each subsidy must be taken most strongly against the grantor. A construction that reduces the law to insignificance must be avoided. A law or decree contained therein must be interpreted in such a way as to make it effective in accordance with the principle expressed in the maxim. Written documents must be interpreted liberally in order to maintain them as much as possible and to implement the will of the parties. If the initial act is not legal, all subsequent and subsequent procedures fail because the illegality touches the root of the whole event. The one who is first in time is more demanding. A legal principle that older laws take precedence over newer ones. 36. «But the maxim `delegatus non potest delegare` must not be taken too far.

The maxim does not embody the rule of law. It is a rule of interpretation of a statute or other instrument conferring a power of attorney. According to the maxim, tortious or contractual acts are destroyed by the death of the injured party or the offending party. Some legal causes of action cannot be invoked after a person`s death, in some cases for defamation. It has also been applied to acts arising from contracts of a purely personal nature, such as marriage vows. A legal maxim is an established principle or legal form, a kind of aphorism and general maxim. The word is apparently a variant of the Latin maxima, but the latter word is not found in surviving texts of Roman law with a designation exactly analogous to a legal maxim in medieval or modern definition, but the treatises of many Roman jurists on regular definitions and sententiae iuris are to some extent collections of maxims. Most Latin maxims date back to the Middle Ages in European states that used Latin as their legal language. It is a concept that fairness or the law will not help a person or party to blame.

The law will not help a person whose own fault has made legal action necessary. The maxim «Nemo tenetur seipsum accusare» originated in a protest against the inquisitorial and manifestly unjust methods of interrogation of the accused, which had long been in force in the continental system, and until the expulsion of the Stuarts from the British throne in 1688, and the erection of additional barriers to protect the people from the exercise of arbitrary power were not uncommon. even in England.