Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:

Match List-I with List-II.

List – I

List – II

A. Injuria sine Damnum

I. Damage without Injury

B. Damnum Sine Injuria  

II. Reason of the decision

C. Amicus Curiae

III. Injury-without damage

D. Ratio Decidendi

IV. Friend of the court

Choose the correct answer from the options given below

Options:

A-III, B-I, C-IV, D-II

A-I, B-III, C-IV, D-II

A-I, B-IV, C-III, D-II

A-III, B-I, C-II, D-IV

Correct Answer:

A-III, B-I, C-IV, D-II

Explanation:

Injuria sine damnum means injury of legal rights without damage. The maxim Injuria Sine Damnum refers to the remedies which are provided in the form of damages or compensation in violation of any legal right such that if the legal right is violated then action lies even if there is no harm to another. In other words, it is an infringement of a right where no loss is suffered but it creates a cause of action.

Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria.  Damnum Sine Injuria as the meaning suggests is a situation where a damage of any kind is done to another person without violating the legal rights of the other person. For example, A, a shop owner sells stationery items to primary school students for three years and next to A's shop, B opens another stationary shop and sells his items at a lower price compared to A's. Now, A cannot sue B as he did not violate any of the legal rights of A because by opening a shop just next to A is no illegal act. Therefore, in this case, although A suffered sufficient monetary loss in his business , he cannot sue B for opening another stationary shop. So, we can say A was a victim of Damnum Sine Injuria.

Amicus Curiae literally translated from Latin is "friend of the court." Plural is "amici curiae." Generally, it is referencing a person or group who is not a party to an action, but has a strong interest in the matter. An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court. The scope of amici curiae is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question.

Ratio decidendi is a legal phrase that translates from Latin to mean “the reason,” or the motivation behind a legal decision. Ratio includes all of the principles a court relies on – be they moral, political, or social – to justify their reasoning for coming to a decision in a case. A ratio is comprised of the legal points made by all the parties to a case.