IMPORTANT TERMS IN LAW

Law - Administration of justice by certain rules

Civilization - Stage of human social development and a process by which society reaches an
advanced stage

Judge - Person to decide on a case

Jury - Body of people who are judge

Juris - People of body of people dealing with law

Jurist - Person who is expert in law or who is a lawyer or judge

Jurisdiction - Legal power to make decisions and judgements which is kind of authority, control
or power to hear the case

Jurisprudence - Defined as theory and philosophy of law eg. Indian Jurisprudence, American
Jurisprudence

Lawyer - General term for people who give legal advice

Advocate - Lawyer who practise law in court

Attorney - Lawyer who reperesent clients in court

Solicitor - Professional who provide legal advice to clients

Barrister - Advocate who practise in higher courts

Litigation - The process of taking legal action or can be defined as a legal proceeding in court

Litigator - Litigator represents plaintiffs or defendants in court and manages all litigation
process

Plaintiff - A person who brings case against defendant in court

Defendant - A person who is accused in court or defined as a person who defend itself from
plaintiff in court

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Abduction - Wrongfully taking away or detaining any person by force or fraud

Absconding - To run away from legal proceedings

Accomplice - Companion in crime

Adjudication - Formal judgment or decision of court

Admonition - Warning

Ad Hoc - For specific purpose

Adverse Possession - To possess someone else’s property as its own

Affidavit - Sworn written statement

Affray - Fighting in public place which disturbs peace

Aid - To assist (physically)

Abet - To assist (mentally)

Alibi - Appeal that accused was somewhere else when the crime was committed

Alimony - Financial support from husband to wife after divorce

Amicus Curiae - Friend of court (witness)

Animus - Intention

A Posteriori - Agreement derived from post event (later)

A Priori - Agreement derived from prior event (earlier)

Arguendo - Just to continue agreement even if its not logical

Audi Alteram Partem - No one should be condemned unheard

Bail - A person granted bail undertakes to pay a specified sum to the court if he fails to appear on
the date set by the court

Bailiff - Officer of court

Bailment - Bailor transfer goods to Bailee for particular purpose

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Beneficiary - One who benefits from will

Bigamy - Offence of marrying again even having living husband/wife

Bona Fide - Good Faith

Capital Punishment - Death Punishment

Caveat - Notice or Warning (be aware)

Caveat Emptor - Beware Buyer

Caveat Venditor - Beware Vendor (seller)

Clemency - Mercy (pardon)

Conjugal Rights - Marital Rights

Consensus ad idem - Consent on same thing in same sense (imporatant in valid contract)

Coram non judice - Legal proceeding without judge

Corpus - Body

Delicti - Crime

Corpus Juris - Body of Law

Gentgium - Law of Nations

Conspiracy - Agreement between 2 or more people to commit crime

Contempt of Court - Disobedience of Court (offence)

Counterfeit - False (fake)

Coup - To overthrow government (takeover)

De Facto - In fact (according to fact)

eg. Prime Minister is de facto head of government

De Jure - According to legal right

eg. President is de jure head of state

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Delinquency - Minor Crime

Demagogue - A leader who gains support by manipulating people

De minimus non curat lex - Minimal things require no legal action

Discharge of Contract - Termination of contractual obligation

Duress - Threat (violence or pressure)

Note: Contract obtained under duress is voidable

Estoppel - To stop someone from changing his previous statement

Ex Officio - By virtue of holding an office

Ex Parte - Favouring one party over another

Ex Post Facto - Law made after specific crime

Civil Law - Retrospective application

i.e. can make past act illegal on basis of new law made

Criminal law - Prospective application

i.e. past act is not illegal on basis of new law made

Extradition - To handover the accused from one state to another

eg. Pakistani commit crime in India so India demand extradition of accused from Pakistan

Factum - Fact

Fiduciary Relationship - Relationship based on trust and faith

Flagrante Delicto - To be caught red handed

i.e. caught while committing crime

Genocide - Mass Killing

eg. Mass Killing of Jews by Hitler

Gratuitous - Done with gratitude (done for free)

Habeas Corpus - That you have the body

Homicide - Act of killing

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Horse Trading - Bargaining in politics
i.e. between political parties or politicians

Hostile - Opposed (opposition)

Hostile Witness - Witness who is unwilling to tell the truth

Hypothecation - Using property as security for loan

Note: No legal transfer of ownership

Ignorantia juris non excusat - Ignorance of law is not an excuse

Impeachment - Removing the President or CJI for disoyalilty or incapability (done in

parliament)

In absentia - In absence of court (legal proceeding in private place under camera)

In curia - Legal proceeding in court

Ipso Facto - By fact itself

Injunction - Order by court to do or not to do something

In personam - Right against specific person

In rem - Right against the world (people in general)

Interim - Temporary

Interlocutory - During legal proceedings

Intestate - To die without making a will

Inter vivos - During lifetime

eg. Transfer of property between 2 living person

Intra - Within

Intra vires - Within power (legal authority)

Judicial Immunity - Immunity for judge or magistrate to exercise within his/her jurisdiction

Juror - Member of Jury

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Jury - Panel of Judges

Jus - Law or Right

Kickback - Illegal Commission (bribe)

Lis pendens - Suit pending

Liquidator - Person appointed to wind up the company

Litigant - Party

Litigation - Legal action by litigant

Locus Standi - Right of a party to appear in court

Mala Fide - In bad faith (dishonest)

Bona Fide - In good faith

Malice - Wrong Intention (bad intention0

i.e. Desire to harm someone

Mens Rea - Guilty Mind

Mitigation - Reduction

Modus Operandi - Manner of Operation (behaviour analysis of accused)

Modus Vivendi - Manner of Living

Moot - Trial Court

Mortgage - Property as security for loan (mortgager and mortgagee)

Mandamus - We command
i.e. To command government authority or official to perform its duty

Negotiable Instrument - Document that constitutes an obligation to pay a sum of money

eg. Cheque, Demand Draft, Promissory Notes

Nemo debet bis vexari - No person can be punished twice for same act

Next Friend - A person who represents another person who cannot do it himself

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Novation - New contract replacing old contract

Nemo dat quod non habet - No one gives what he does not have
eg. X purchased stolen car from Y so X does not have any legal claim on stolen car

Obiter Dictum - Informal statement made by judge

Ratio Decidendi - Reason for Decision

Ombudsman - An official who investigates complaints by public against government

departments

Palimony - Maintenance from husband to wife after divorce or separation

Parole - Release of prisoner from prison on a condition

Per incuriam - By negligence

Perjury - Offence of giving false statement or evidence

Persona non grata - A person non welcomed (unacceptable person)

Plea Bargaining - Plead guilty in favour of bargain

Piracy- Against ships in high seas and also aircrafts

Polygraphy - Lie detecting test

Power of Attorney - Power given to someone else to act on behalf

Precedent - Past Judgment

Privity - Relationship between 2 people

Privity of Contract - Relationship between parties in contract (to sue one another)

Probate - Legal acceptance that a document is valid

Pro Bono - A case for public good which is done for free

Prorogue - End of session

Note: By - President or Governor

Provocation - To provoke someone

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Proxy - Somebody acts for someone else

Pendente Lite - Pending Litigation

Per se - By itself

Oui facit per alium facit per se - He who acts through another does the act himself
eg. Vicarious Liability

Facit - To act

Quid Pro Quo - Equal exchange for goods or services

Quo Warranto - B what authority?

Quasi Judicial - Partly Judicial

eg. Tribunals

Question Hour - To list the points to be discussed in Zero Hour

Quorum - Minimum number of members required for a meeting to take place

Referendum - To vote on a particular question to come to a decision

Repudiate - Refuse to accept

Rescind - To cancel

Res ipsa loquitor - Things speaks for itself

eg. In negligence case (tort)

Res Judicata – A case already decided cannot be tried again

i.e. A party can not sue another party on same case in a different court

Respondent Superior - Superior is responsible

eg. Master and Servant relationship

Restraint of Marriage - Prevent from marrying

Note: Restraint of Marriage - Void (against public policy)

Restraint of Trade - Prevent from doing business

Note: Restraint of Trade - Void

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Revocation of an Offer - Withdrawal of an offer by offerer but only before the ofference has
been accepted

Misdemeanor - Minor Crime

eg. Theft

Felony - Major Crime

eg. Rape, Murder

Sabotage - Damage to property by political or military activities

Sedition - To provoke against government (offence)

Sine Die - To terminate a proceeding without next date

Slander - Defamation (to ears)

Note: Slander - Spoken (not permanent)

Starred Question - Oral answer required

Unstarred Question - Written answer required

Stare Decisis - Following principle of precedents

Status Quo - Existing state

Status Quo Ante - Previously existing state

Sub Judice - Under Judge

Sub Silentio - Under Silence

Subpoena - Summon (order by judge to appear in court)

Subrogation - Substitution

Suo Motu - Act on its own

Tenancy - Possession of land as tenant

Tortfeasor - One who commits tort

Tortuous - Wrongful nature

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Ubi jus ibi remidium - Where there is wrong there is remedy

Vires - Powers

Ultra vires - Beyond powers (out of jurisdiction)

Unliquidated Damages - Not fixed from beginning (according to situation)

Vandalism - Damage to property

Vexatious - To annoy

Void - No legal affect (invalid from beginning)

Voidable - Valid initially but can be ended afterwards due to fraud practices

Volenti non fit injuria - Voluntary injury

i.e. Injury caused voluntarily

Veto – Special power

Whip - Official of political party appointed to ensure attendance and proper voting in parliament

White Paper - Policy statement by government for matter of public importance (official paper)

Zero Hour - After question hour

Note: Zero Hour starts at 12 pm

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