SOME IMPORTANT TERMS

● Plaintiff -Plaintiff describes the person who brings a civil suit in a court of law
(lower court)

● Defendant-The defendant is the person who must defend himself against a civil
suit

● Petition-A petition is provided to a court by a petitioner(like shylock in MOV)

● Petitioner-Petitioner is a person who presents the petition in the form of writs,

PIL’s in Hon’ble High Courts and Supreme Court

● Respondent-A party against whom a petition is filed

● Appellant-Appellant is the person who appeals against the order of the lower
court
● Complainant:-The party who makes the complains in a legal action or proceeding

● Complaint:- A statement that something is unsatisfactory or unacceptable

● Plaint:-A statement of grievance made to a court for the purpose of asking redress.

● Prayer:- A prayer appears at the end of the pleading. It seeks request for specific
relief or damages which the pleader deems himself entitled.

● Written Submission:-A document intended for the court which summarizes the
relevant facts

● Witness:-A witness is a person who testifies under oath at a trial, regarding

experiences of which he or she has personal knowledge relating to the cause of
action under contention. Witnesses may testify in both civil and
criminal legal matters.
● Ab initio: - From the beginning (Void Contract)

● Assentio mentium: - The meeting of minds, i.e. mutual assent (pre conditioned
contracts)

● Bona fide: - Sincere, in good faith (right full authority)

● Damnum sine injuria : - Damage without legal injury (not allowed to Vote)

● De facto: - In fact

● De jure : - Legitimate or Lawful (object of contract)

● Ex facie: - On the fact of it (terms of bond that shylock insisted on)

● Factum: - An act or deed (shylock bond of pound of flesh )

● Gift deed: -Document executed by a Donor to a Donee out of free will and expectation (Gratituous
agreements)

● Idem: - The same person or thing

● Jus : - A right that is recognised in law(Right To Life)

● Jus naturale : - Natural justice

● Lex dabit remedium: - The law will give a remedy

● Lex dilationes abhorret: - The law abhors delays(unnecessary delays in the administration of justice dilute
the quality of that like that object against public policy)

● Lease deed: - Temporary use of a commodity for a periodic price stated between the Lessor and Lessee
(Room agreement )

● Mala fide: - In bad faith (Malicious prosecution )

● Mala in se: - Bad in themselves ( Illegal Agreements)

● Mens rea: - Guilty state of mind ( Surrender of murderer )

● Mortgage deed : - To receive a sum by hypothetication of your own property ( Mohori Bibi V/s Dharama
Das Ghose
● Naturae vis maxinma est: - The force of nature is the greatest ( Tsunami )

● Non est factum: - It is not his deed ( Document not belonging to the claimant)

● Non sequitur: - An inconsistent statement, it does not follow ( No coherence from previous
arguments )

● Post mortem: - After death

● Prima facie: - On the face of it ( From the onset)

● Quid pro quo: - Consideration, something for something ( Section 25 of ICA 1872)

● Re: - in the matter of ( Relating to the parties in a Court case)

● Res gestae :- Things done ( Act done)

● Res nulis: Nobody’s property ( abandoned goods)

● Sale deed: - (Vendor and Vendee purchase a property for a consideration with mutual
consent in the presence of stated witnesses)
● Ubi jus ibi remedium est: - Where there is a right
there is a remedy ( No wrong would be spared
unpunished )

● Verbatim: - Word by word, exactly. ( As per terms)

● Vice versa: - The other way around ( Equity for equity

doctrine of restitution Indian Contract Act 1872)
ACTIO PERSONALIS MORITUR CUM PERSONA
ANY RIGHT OF ACTION DIES WITH THE PERSON

It applies to actions in form of ex-delicto. “Delict” meaning

wrong/injury done to someone.

It means cause of action can only be brought by the party to

whom the injury is caused against who has caused it for
satisfactory damages, it shall hold good only till the parties are
alive and whereas in case of death of any party the action shall
cease to an end for an act of wrong doing , although this
maxim usage has been abolished by many statutes and has
enabled deceased’s heir to further pursue case.(NITISH
KATARA CASE)
 ACTUS NON FACIT REUM, NISI MENS SIT REA:
AN ACT DOES NOT MAKE GUILT, UNLESS THE MIND BE GUILTY

It means the intension and the act must be proved in tandem so as to

constitute a crime.

It is the duty of the counsel to prove that the act and intent was both
guilty of the wrongdoer and he was fully aware of the action he
intends to do with the knowledge of right and wrong and the courts
decide accordingly, since the act of criminal nature shall be also
backed with criminal intention
It also implies to the condition that only criminal thinking is not
relevant to be prosecuted, the act must be committed too.
 AFFIDAVIT
HE SWORE
A written form of statement undertaking to
affirm certain facts of declaration or proclamation
under the binding force of an oath made by a
Deponent to a particular authority in question.

It is used to assure along with the proofs or

evidence provided in courts, failing to come
good the said person giving the false statement
thereon shall be held in contempt and
prosecution under perjury by the court
 AUDI ALTERAM PARTEM
HEAR THE OTHER SIDE
Every individual shall be given an adequate, fair and
equal opportunity to present his case or have his say
in any dispute that requires justice to be given.

It also implies to safeguard the fundamental equity

right of an individual by giving every person a fair
chance to say and his side in a case and thereby
preventing any person from getting penalised or be
deprived of any possible gain that he may have
benefitted otherwise.
 EX PARTE
FOR ONE PARTY ONLY
It refers to the condition that one party has not received the
notice for appearing before the court for contesting the case
and therefore the decision is being made in favour and in
presence of the present party of the case.

In original terms it meant for the cases where the party has
not received the information regarding the case but some
courts have also interpreted this as any case which have been
left undefended by one party.
It is often used for injunction which at time make way for
injustice or malpractices since the party may use this
measure to use against another party without them actually
getting to know about it from which they would be affected.
 HABEAS CORPUS
MAY YOU HAVE THE BODY
A writ petition for a prisoner to be brought in
front of a judge in court for the grant of his
release from his detention usually conceived to
be unruly and unjustified and therefore his
release shall only be neglected unless suitable
grounds for detention is stated by the
imprisoning authority.
 MANDAMUS
WE ORDER
A Judicial legal recourse where a higher court
directs a lower court, corporation or a public
authority to do some duties and liabilities it is
bound to do under the binding force of law or
it may be an order to discourage/refrain or
abstain those lower authorities to do
something that may not be feasible as per law
such as overturning a decision of the lower
court.
 NEMO DAT QUOD HABET
NO ONE GIVES WHAT HE DOES NOT HAVE
It applies to the condition that a person is only liable
and authorised to sell a commodity to which he is the
actual and absolute owner of.

A non due diligence of the ownership of the seller gives

the purchaser thereon the same right which the fake
seller gave him and that nothing is an absolutely
nullity.

This situation also holds good when the purchaser is

not aware of it.
 NEMO DEBET ESSE JUDIX IN PROPRIA CAUSA
NOBODY OUGHT TO BE A JUDGE IN HIS OWN CAUSE

It means that no person who has any personal interest in the case shall be
given the charge or chance to provide verdict of justice in such a case.

It is so believed because of the human psychology. It is admitted that a

person would not give a verdict in the adverse condition from which he
could have profited and as such from such a situation where the judge has
an interest, a fair justice would be of questionable prudence.

It is also to be remembered that in a case it is not only that the justice is

done and also it should be undoubtedly and manifestly be seen to be
done so.
 NOLLE PROSEQUI
UNWILLING TO PURSUE
It is a condition where the counsel decides to
no further contest in the case leading to a
situation of Voluntary dismissal in civil cases
similar to declination of prosecution.

This situation mostly occurs due to the lack of

evidence but this does not mean that the case
could not be examined again.
PAR IN PAREM, NO HABET IMPERIUM
AN EQUAL POSSESSES NO POWER OVER AN
EQUAL

It means that no state can be sued in a suit in a

foreign court (courts of other state) and it also
applies to individual working under personal
capacity representing their state.

But if a public official does something unlawful and

injures the plaintiff he is held liable.
 PLUS VALET UNUS OCCULATUS TESTIS,
QUAM AURITI DECEM
ONE EYE WITNESS IS STRONGER THAN TEN HEARSAYS

It relates to the notion that even a witness with one eye who
has the credential to testify the facts of the case is better and
admissible in the court rather than having ten people who
cannot give a concrete base for testimony and have their
relevance upon facts overheard from unknown and unreliable
sources.
 PRO BONO PUBLICO
FOR THE GOOD OF THE PUBLIC

These are those types of cases which are taken

up by the lawyer as a free service and the fees
is not charged by the advocate and it is done
for the good and well being of the society.

Many big legal firm have adopted this type of

advocacy for a limited no. of cases as per
government guidelines since public necessity
has priority over private need.
 RES JUDICATA
MATTER ALREADY ADJUDGED
It relates to prevent any further litigation
proceeding that might be initiated for a case for
which a final order has been already passed by a
court but the litigation has been till continued
among the parties .

It is done so because the final judgment has

been passed and to avoid work load on the
judicial system and waste of resources and in
the absence of any other form of justice to be
obtained, this maxim is followed.
 SUB POENA
UNDER PUNISHMENT
Under this maxim a court can ask a witness to
come in presence and testify the evidence or
provide the witness in some form (to provide
witness relating to the case failing) which he
shall be liable to face penalty charges as
decided by the court for such act .
 VOLENTI NON FIT INJURIA
THAT TO WHICH A MAN CONSENTS CANNOT BE
CONSIDERER AN INJURY

This maxim implies to the condition that a person cannot

use any other person for a tort for which he has himself
given consent for initiating and concluding an act thereof.

It applies to the free nature of consent that a person gives

out of his own free will and hence cannot be allowed to
change his mind after the act has been committed, the
consequence of which was known to the petitioner.