Legal maxim in the context of "Legal Latin"

A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin.

"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.

The opposite principle "everything which is not allowed is forbidden" states that an action can only be taken if it is specifically allowed.

An aphorism (from Greek ἀφορισμός: aphorismos, denoting 'delimitation', 'distinction', and 'definition') is a concise, terse, laconic, or memorable expression of a general truth or principle. Aphorisms are often handed down by tradition from generation to generation.

The concept is generally distinct from those of an adage, brocard, chiasmus, epigram, maxim (legal or philosophical), principle, proverb, and saying; although some of these concepts could be construed as types of aphorism.

A saying is any concise expression that is especially memorable because of its meaning or style. A saying often shows a wisdom or cultural standard, having different meanings than just the words themselves. Sayings are categorized as follows:

• Aphorism: a general, observational truth; "a pithy expression of wisdom or truth".
  • Proverb, adage or saw: a widely known or popular aphorism that has gained credibility by long use or tradition.
  • Apothegm/Apophthegm: "an edgy, more cynical aphorism; such as, 'Men are generally more careful of the breed of their horses and dogs than of their children.'"
• Axiom: a proposition that commends itself to general acceptance; a well-established or universally conceded principle; a maxim, rule, or law.
• Cliché or bromide: an unoriginal and overused saying.
  • Platitude: a cliché that is unsuccessfully presented as though it were meaningful, original, or effective.
• Epigram: a clever and often poetic written saying that comments on a specific person, idea, or thing; it especially denominates such a saying that is conspicuously put at the beginning of a text.
• Epitaph: a saying in honor of a decedent, often engraved on a headstone or plaque.
• Epithet: a descriptive word or saying already widely associated with a specific person, idea, or thing.
• Idiom or phraseme: a saying that has only a non-literal interpretation; "an expression whose meaning can't be derived simply by hearing it, such as 'kick the bucket.'"
  • Four-character idiom:
    • Chengyu: Chinese four-character idioms
    • Sajaseong-eo: Korean form of four-character idioms
    • Yojijukugo: Japanese form of four-character idioms
• Mantra: a religious, mystical, or other spiritual saying that is repeated, for example, in meditation.
• Maxim: (1) an instructional expression of a general principle or rule of morality or (2) simply a synonym for "aphorism"; they include:
  • Brocard
  • Gnome
  • Legal maxim
• Motto: a saying used frequently by a person or group to summarize its general mission.
  • Credo: a motto implicitly or explicitly extended to express a larger belief system.
  • Slogan: a motto with the goal of persuading.
• Quip: a clever or humorous saying based on an observation.
• Witticism: a saying that is clever and usually humorous and that is notable for its form or style just as much as, or more than, its meaning.

A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.

A lordship is a territory held by a lord. It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the sovereign. A Lordship in its essence is clearly different from the fief and, along with the allod, is one of the ways to exercise the right.

Nulle terre sans seigneur ("No land without a lord") was a feudal legal maxim; where no other lord can be discovered, the Crown is lord as lord paramount. The principal incidents of a seignory were a feudal oath of homage and fealty; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.

The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.

In a controversial 1954 judgment, Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor General, Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton's maxim, 'that which is otherwise not lawful is made lawful by necessity', thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.