37 C. Important maxims every first-year student must know

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MaximMeaningUse / Nepali illustrationIgnorantia juris nonexcusatIgnorance of the law excuses no onePresumption that every person knows the law; no defence in criminal casesUbi jus, ibi remediumWhere there is a right, there is a remedyFoundation of writ jurisdiction and tort liabilityActus non facit reumnisi mens sit reaAn act does not make one guilty unless the mind is guiltyMental element in crime; Muluki Criminal Code requires intent/knowledge for most offencesRes judicataA matter already judgedBars re-litigation of the same cause; recognised in Nepali civil procedureNemo judex in causasuaNo one may be judge in his own causeRule against bias; ground for recusal of judgesAudi alteram partemHear the other sideRight to be heard — natural justice; also a constitutional guarantee of fair procedureSalus populi supremalexThe…

Maxim	Meaning	Use / Nepali illustration
Ignorantia juris nonexcusat	Ignorance of the law excuses no one	Presumption that every person knows the law; no defence in criminal cases
Ubi jus, ibi remedium	Where there is a right, there is a remedy	Foundation of writ jurisdiction and tort liability
Actus non facit reumnisi mens sit rea	An act does not make one guilty unless the mind is guilty	Mental element in crime; Muluki Criminal Code requires intent/knowledge for most offences
Res judicata	A matter already judged	Bars re-litigation of the same cause; recognised in Nepali civil procedure
Nemo judex in causasua	No one may be judge in his own cause	Rule against bias; ground for recusal of judges
Audi alteram partem	Hear the other side	Right to be heard — natural justice; also a constitutional guarantee of fair procedure
Salus populi supremalex	The welfare of the people is the supreme law	Justifies state regulation and public-interest restriction of rights
Pacta sunt servanda	Agreements must be kept	Foundation of contractual obligation and treaty obligation
Volenti non fit injuria	No injury to a willing person	Consent as a defence in tort
Qui facit per aliumfacit per se	He who acts through another acts himself	Master's liability for acts of servants; agency
Expressio unius estexclusio alterius	Express mention of one thing excludes others	Rule of statutory interpretation
Nemo dat quod nonhabet	No one gives what he does not have	Protection of title in property transactions
Nullum crimen, nullapoena sine lege	No crime, no punishment without law	Art. 20(4) of the Constitution: no punishment except by law; prohibits retroactive crimes
Dura lex, sed lex	The law is harsh, but it is the law	Courts must apply clear law even if the result is hard

37 C. Important maxims every first-year student must know

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