SOME LEGAL TERMS WITH

THEIR EXPLANATIONS:
1. Habeas Corpus: May you have the body.
It is a writ [legal action] that requires a person under arrest to
be brought before a judge. It ensures that a prisoner can be
released from unlawful detention. The remedy can be sought
by the prisoner and anyone coming to his aid. It is addressed to
the prison custodian.

2. Alibi: a plea by a person accused of an offense that he was

‘elsewhere’..that having regard to the time and place when
and where he is alleged to have committed the offense ,he
could not have been present.

3. Consensus ad idem: Meeting of the minds.

When two parties to an agreement (contract) both have the
same understanding of the terms of the agreement. Such
mutual comprehension is essential to a valid contract. It is
provable by the express provisions of a written contract,
without reference to any statements or hidden thoughts
outside the writing.

4. Ab initio: from the beginning.

5. Res Judicata: Matter Already Adjudged. It may refer to a
case which cannot be appealed because there has been a final
judgment. It cannot be raised whether in the same court or
another. Aims at preventing injustice and a waste of resources.

6. Bailment: A bailment is a delivery of goods by one person

to another for some purpose, upon a contract that they shall,
when the purpose is accomplished, be returned or otherwise
disposed of according to the direction of the person delivering
them.

7. Amicus curiae: Friend of the court. One who voluntarily or

on invitation of the court helps the court in the administration
of justice.

8. Abetment: abetment is the instigation or encouragement

in any conspiracy or intentional aid for doing an illegal act or
illegal omission.

9. Acquit: set free on finding not guilty.

10. Ad infinitum: without limit.
11. Ad interim: in the meantime
12. Affidavit: A solemnly affirmed or sworn statement in
writing made before an officer authorized to administer oath.
13. Bona fide: In good faith, acting or done in good faith.
14.AUDI ALTERAM PARTEM: Hear the other side.
First enacted in the Magna Carta, 1215.
Similar to ‘AUDITUR ET ALTERA PARS’.
No person shall be condemned, punished or have any property
or legal right compromised by a law court without being heard.
It includes habeas corpus, right to receive notice of hearing and
to be given an opportunity to be represented or heard.
It is a principle of fair-hearing; that both party shall respond to
the evidence against them.
It is considered a principle of fundamental justice or equity.
The ancient Greek dramatists considered ‘hear both sides’ as
part of ‘common wisdom’. Today, legal systems differ on
whether a person can be convicted in absentia. Even God, it is
said, allowed Adam to make his defense before passing
judgment.

15. COMMODUM EX INJURIA SUA, NEMO HABERE

DEBET: Out Of his own wrong, no one ought to have
advantage.
Mostly applied in insurance cases whereby the assured inflicts
injury on himself, spouse or property to make a fraudulent
claim.

16. CORPUS DELICTI: Body of a crime.

Plural: ‘Corpora delicti’.
A principle that a crime must have been proven to have
occurred before a person can be convicted of committing that
crime.

17. EX PARTE: For one party only or ‘OUTSIDE THE

AWARENESS OF A PARTY.’
It refers to the proceedings where one of the parties has not
received notice and, therefore is neither present nor
represented.

18. JUDEX NON REDDIT PLUS QUAM QUOD POTENS

IPSE REQUIRIT: A judge does not give more than that which
the plaintiff asks.

19. MANDAMUS: We Order.

A judicial remedy or an order from a superior court to a
subordinate court, corporation or public authority to do or not
to do some specific act which that body is obliged under law to
do or refrain from doing.
20. NEMO DEBET ESSE JUDIX IN PROPRIA CAUSA:
Nobody ought to be a judge in his own cause. This is a principle
of natural law. Popularly known as the rule against ‘bias’ i.e.
anything which tends a person to decide a case other than on
the basis of evidence. It is based on the premise that it is
against human psychology to decide a case against himself.

21. Case Diary: The diary to be maintained by the police

officer conducting the investigation. It shall contain the daily
proceeding of the investigation.

22. Certiorari: Writ to quash or set aside an order or

proceedings.

23. Ad hoc: For a particular purpose.

24. Mala Fide: In bad faith.
25. Mens rea: A guilty mind.
 Topic
Legal Maxims
NAME : SHASHANK AGARWAL
ROLL NUMBER: 22
SECTION : B
SEMESTER: FIRST SEMESTER
SUBJECT: LANGUAGE AND WRITING
 REFERENCES
1. LEGAL LANGUAGE BY PROF. RATAN
LAL JAIN
2. LEGAL DICTIONARY
3. www.essaysng.com