Key Latin Legal Maxims and Their Meanings
Generalia Specialibus Non Derogant
Generalia specialibus non derogant is a Latin maxim meaning “universal things do not detract from specific things.” This well-known proposition of law states that when a matter falls under any specific provision, it must be governed by that provision and not by the general provision. The general provisions must yield to the specific provisions of law. It is a basic principle of statutory interpretation. In other words, for the purposes of interpreting two statutes in apparent conflict, the provisions of a general statute must yield to those of a special one.
Expressio Unius Est Exclusio Alterius
Expressio unius est exclusio alterius is a Latin phrase that means “express mention of one thing excludes all others.” This is one of the rules used in the interpretation of statutes. The phrase indicates that items not on the list are assumed not to be covered by the statute. When something is mentioned expressly in a statute, it leads to the presumption that the things not mentioned are excluded. This serves as an aid to the construction of statutes.
Actor Sequitur Forum Rei
Actor sequitur forum rei is a Latin term meaning “the plaintiff must follow the forum of the thing in dispute.” Essentially, in the present day, this phrase means that plaintiffs should initiate their lawsuits in the jurisdiction where the matter took place or where the defendant resides. This is important because laws may change from region to region.
In Bonam Partem
In bonam partem is a Latin maxim which means that words used in a statute are to be interpreted in their lawful and rightful sense.