Legal terms
1. Ab initio: from the beginning or from inception
2. Ab intra : from within. E.g. We need to get information ab intra to win this
case.
3. Ab antiquo: from the ancient date, of old nature
4. Adhoc: created or done for a particular purpose as necessary
5. Ad infinitum: without end or limit, or infinite in nature
6. Ad litem: used to refer to someone chosen by a law court to do something
for another person when that person is not able to do it themselves. Ad litem
is latin for 'for this action': a guardian ad litem is normally appointed in cases
where children are involved
7. Accomplice: is one concerned with another or others in the commission of a
crime or one who knowingly or voluntarily cooperates with and helps others
in the commission of crime
8. Accessory: is a person who assists in, but does not actually participate in, the
commission of a crime
9. Arrest: of an individual comprises of taking the person into the custody of an
authority empowered by the law for detaining the person to answer the
criminal charges and to prevent the commission of a criminal offence.
10. Custody:
the care, possession, and control of a thing or person. The retention, inspecti
on, guarding, maintenance, or security of a thing within the immediate care a
nd control of the person to whom it is committed. The detention of a person
by lawful authority or process.
11. Autre fois acquit: a defendant's plea stating that he or she has already
been tried for and acquitted of the same offense by a competent court.
12. autre fois convict: a plea made by a defendant stating in a case that
he has already been tried for or convicted for the same offence by a
competent court.
13. alibi : is a defense used in criminal procedure wherein an accused
person attempts to prove that they were somewhere else at the time of an
alleged offense was committed
14. audi alterm partem : “listen to the other side” or “let the other side
be heard as well”. It is fundamental legal principle in which each party is
entitled to a fair hearing and given the opportunity to respond to evidence
against them.
15. affidavit : a written statement which you swear is true before an
officer or an oath comissioner and which may be used as evidence in a court
of law
16. alimony: an allowance paid to a person by that person's spouse or
former spouse for maintenance, granted by a court upon a legal separation
or a divorce or while action is pending. Supply of the means of living;
maintenance.
17. actus rea : sometimes called the external element or the objective
element of a crime, is the law latin term for the "guilty act"
18. ad valorem : means "according to [the] value [of something].” In
practical use, the term is used in taxation to designate taxes levied
against property, real or personal, at a certain rate based upon the property's
value.
19. appellant: is someone who is appealing in an higer court against a
lower court's decision after they have been judged guilty of a crime.
20. animus deserendi : intention to bring cohabitation permanently to an
end, or to abandon someone.
21. animus ferrandi : the intent to steal
22. adjourn: means to suspend court proceedings to another time or
place, or to end them.
23. adjudicate : is the legal process by which an arbiter or judge reviews
evidence and argumentation, including legal reasoning set forth by opposing
parties or litigants, to come to a decision which determines rights and
obligations between the parties involved.
24. abatement a situation where a legal proceeding is interrupted,
suspended, or closed before a final decision is made
25. abet: to assist someone in committing or to encourage someone to
commit a crime. Generally, an aider and abettor is criminally liable to the
same extent as the person committing the crime.
26. arbitration: a procedure in which a dispute is submitted, by
agreement of the parties, to one or more arbitrators who make a binding
decision on the dispute. In choosing arbitration, the parties opt for a private
dispute resolution procedure instead of going to court.
27. aggrieved person : a person who has suffered wrong or grievance and
is pleading the court for justice.
28. abduction: refers to compelling or inducing any person by using force
or through any deceitful means, to take him/her from one place to another
29. kidnapping: refers to taking away a minor or person of unsound mind
from its legal guardianship or taking away any person beyond the limits of
india usually for ransome.
30. act of god: is understood to include only natural unforeseen
circumstances, whereas force majeure is wider in its ambit and includes both
naturally occurring events and events that occur due to human intervention
31. animo defamandi: means with intention to defame, refers to the
malicious intention that must be present in an action in order to constitute
tort of defamation.
32. animus possidendi: is latin for an intention to possess . All that is
required is an intention to possess something for the time being. Normally, it
is proved by the acts of control and surrounding circumstances.
33. amicus curiae: (latin: “friend of the court”), one who assists the court
by furnishing information or advice regarding questions of law or fact. He is
not a party to a lawsuit and thus differs from an intervenor, who has a direct
interest in the outcome of the lawsuit and is therefore permitted to
participate as a party to the suit.
34. anticipatory bail: this provision allows a person to seek bail in
anticipation of an arrest on accusation of having committed a non-bailable
offence. The very basic purpose of insertion of this provision was that no
person should be confined in any way until and unless held guilty.
Anticipatory bail under criminal code of procedure.
35. Bail: bail, in law, means procurement of release from prison of a person
awaiting trial or an appeal, by the deposit of security to ensure his
submission at the required time to legal authority.
36. Bonafide: in good faith, honestly, without fraud or deceit.
37. Malafide: mala fide' means in bad faith. A mala fide action is one that is
performed with dishonest intent; a person purposely attempts to cheat or
deceive you.
38. Breach: a failure to do what is required by a law, an agreement, or a
duty
39. Cause of action: means the whole of the material facts which it is
necessary for the plaintiff to allege and prove in order to succeedcause of
action consists of a bundle of facts which give cause to enforce the legal
injury for redress in a court of law
40. Cavet: it is a formal notice through which a person receives intimation
before any legal actions are taken against him/her. A 'caveat' is a latin phrase
that generally means 'let a person beware'. The person filing the caveat
petition is known as the caveator
41. Cavet emptor: caveat emptor, (latin: “let the buyer beware”), in the law
of commercial transactions, principle that the buyer purchases at his own risk
in the absence of an express warranty in the contract.
42. Collusion: an agreement between two or more persons
43. Corpus delicate: corpus delicti is a latin term meaning "body of the
crime". It is the essential facts that prove that a crime has been committed.
44. Corpus juris civilis: body of civil law.
This, is the name given to a collection of the civil law, consisting of justinian's
institutes, the pandects or digest, the code, and the novels.
45. curia regis: king’s court or a small, permanent council, composed
chiefly of officials in the household of a norman king, that served in an
advisory and administrative capacity.
46. Custodia legis: in custodia legis is a latin phrase which means “in the
custody of the law”. This phrase is used in reference to property taken into
the court’s custody during the pendency of litigation over it.
47. Cyber crime: also called computer crime, the use of a computer as an
instrument to further illegal ends, such as committing fraud, trafficking in
child pornography and intellectual property, stealing identities, or violating
privacy.
48. Cyber trespass: a person is guilty of computer trespass if s/he
intentionally and without authorization accesses, alters, deletes, damages,
destroys, or disrupts any computer, computer system, computer network,
computer program, or data. Computer trespass is directed generally towards
computer hackers.
49. Cyber stalking: refers to the crime of using the internet, email, or other
types of electronic communications to stalk, harass, or threaten another
person. Cyberstalking most often involves sending harassing emails, instant
or text messages, or social media posts, or creating websites for the sole
purpose of tormenting the victim.
50. acquittal: means legally freeing the accused, when he is found innocent
by the court, after considering all the facts and evidence submitted in this
regard. An acquitted person cannot be rearrested on the same grounds. A
person can be discharged before framing charges.
51. Discharge: means a legal order of release given by the magistrate when
the grounds on which he/she is arrested came out as false or
unsubstantiated. A person who is discharged can be rearrested on the same
grounds. A person can be acquitted only after the framing of charges.
52. Damage: 'damage' refers to the injury or loss which such compensation
is claimed for or being awarded.it could be monetary or non-monetary (loss
of reputation, physical or mental pain or suffering) .
53. Damages: 'damages' refer to the compensation awarded or sought for.
It refer to pecuniary compensation.
54. culpable: culpability is the legal responsibility for a criminal act; an
individual’s blameworthiness; the quality of being culpable. Culpability also
refers to the mental state (mens rea) that must be proven for a defendant to
be held criminally liable.
55. Non culpable: it means the accused was incapable of distinguishing
right from wrong at the time of the crime and therefore cannot be judged
legally culpable for the crime. That usually means a “not guilty by means of
mental defect” determination and forces mental or medical treatment or
close conservatory supervision, most often in a memtal health facility.
56. Cognizable: cognizable offence” means an offence for which, and
“cognizable case” means a case in which, a police officer may in accordance
with the first schedule or under any other law for the time being in force, can
arrest the convict without a warrant and can start an investigation without
the permission of the court. Cognizable offences are generally heinous or
serious in nature such as murder, rape, kidnapping, theft, dowry death etc.
The first information report (fir) is registered only in cognizable crimes
or offences.
57. Non-cognizable: “non-cognizable offence” means an offence for which,
and “non-cognizable case” means a case in which, a police officer has no
authority to arrest without warrant. A non-cognizable offence is the offence
listed under the first schedule of the indian penal code and is bailable in
nature. In case of a non-cognizable offence, the police cannot arrest the
accused without a warrant as well as cannot start an investigation without
the permission of the court. The crimes of forgery, cheating, defamation,
public nuisance, etc., fall in the category of non-cognizable crimes.
58. Act of indemnity: in legal terms, an act of indemnity is a statute passed
to protect people who have committed some illegal act which would
otherwise cause them to be subjected to legal penalties.
59. Amnesty:
the action of a government by which all persons or certain groups of persons
who have committed a criminal offense—
usually of a political nature that threatens the sovereignty of the government
(such as sedition or treason)—are granted immunity from prosecution.
Amnesty allows the government of a nation or state to "forget" criminal acts,
usually before prosecution has occurred. Amnesty has traditionally been use
d as a political tool of compromise and reunion following a war. An act of am
nesty is generally granted to a group of people who have committed crimes a
gainst the state, such as treason, rebellion, or desertion from the military.
60. Pardon: a pardon is granted to an individual, often by the action of a
government official such as a governor, president, or monarch, and releases
the individual from any punishment due for the infraction of the law, as a
death sentence, prison term, or fine: to be released from prison with a full
pardon.
61. Accused: a person who has been arrested for or formally charged with
a crime : the defendant in a criminal case.
62. Convict: convict means any person who has been tried by a court and
found guilty in a final decision.
63. Prima facie: a legal term or a legal claim which is made when the
prosecution has enough evidence to proceed with a trial of judgement and to
prove that the defendant is guilty. The term is derived from a latin word
which means, “at first sight” or “at first view”.
64. Doli capax: old enough or of sufficient intelligence and sane enough to
be legally responsible for wrongful acts. Opposed to doli incapax.
65. Doli incapax: children under age 10 cannot be found guilty of a criminal
offense. Children ages 10-13 are presumed in law to be doli incapax
(incapable of criminal intent). The prosecution must rebut this presumption
before a child this age can be convicted.
66. Domicile: domicile refers to the place you call home permanently.your
domicile is important for legal purposes such as paying taxes, voting, and
claiming benefits. You may own more than one home, but you can only have
one domicile.
67. Ex curia: out of court; without litigation.
68. Ex delicto: a latin word which means “from a wrong or from a
transgression”
69. Fabricate: to make up (as false testimony) with an intent to deceive
70. Force majeure: force majeure is a provision in a contract that frees both
parties from obligation if an extraordinary event directly prevents one or
both parties from performing. A non-performing party may use a force
majeure clause as excuse for non-performance for circumstances beyond the
party's control and not due to any fault or negligence by the non-performing
party.
71. Impeachment: a proceeding instituted by a legislative body to address
serious misconduct by a public official
72. Modus operandi: distinct pattern or manner of working that comes to
be associated with a particular criminal.
73. Modus vivendi: is a latin phrase that means "mode of living" or "way of
life". It often is used to mean an arrangement or agreement that allows
conflicting parties to coexist in peace. In science, it is used to
describe lifestyles.
74. Natural justice: natural justice is technical terminology for the rule
against bias and the right to a fair hearing. While the term natural justice is
often retained as a general concept, it has largely been replaced and
extended by the general "duty to act fairly".
75. Nexus: a connection or link between things, persons, or events
especially that is or is part of a chain of causation.
76. Non compos mentis: means "not master of one's mind." definitions of
non compos mentis. Adjective. Not of sound mind, memory, or
understanding; in law, not competent to go to trial.
77. Onus probandi: the burden of proof, the onus; the duty of a party in a
legal proceeding to prove an assertion of fact;
78. Persona grata: a person who is acceptable or welcome
79. Persona non grata: an unacceptable or unwelcome person. A
diplomatic or consular officer who is not acceptable to the government or
sovereign to whom he or she is accredited.
80. Perjury: the crime of telling lies in court when you have promised to tell
the truth
81. Factum valet: the act which should not be done is valid when it is done;
facts that cannot be changed.
82. Fiat justice: fiat is a latin term meaning “let it be done.” Judicial fiat
refers to an order or a decree especially an arbitrary one. It can also refer to
a court decree relating to a routine matter such as scheduling; let justice be
done.
83. Injunction: is an order by a court to one or more of the parties in a civil
trial to refrain from doing, or less commonly to do, some specified act or
acts
84. In pari delicto: in equal fault or wrong. Used of parties to a lawsuit;
when both parties are at equal fault.
85. Intra vires: "within the powers". A latin term which relates generally
to an action taken within an organization’s or person's scope of authority as
conferred by statute.
86. Ultra vires: : beyond the scope or in excess of legal power or authority.
87. Locus standi: the right or ability to bring a legal action to a court of law,
or to appear in a court.
88. Indictment : a formal written charge of crime formerly referred to and
presented on oath by a grand jury
89. Lex domicilii: the law of the domicile by which the rights of persons are
sometimes governed (as where a person dies leaving personal property).
90. Lex loci: a latin term meaning the "law of [the] place". The principle
that the law of the place giving rise to particular rights is the law that governs
the rights of parties to a legal proceeding.
91. Magnum opus: a great work and especially the greatest achievement of
an artist or writer
92. Obiter dictum: meaning “that which is said in passing,” an incidental
statement. Specifically, in law, it refers to a passage in a judicial opinion
which is not necessary for the decision of the case before the court.
93. Litigation: the process of taking an argument between people or groups
to a court of law.
94. Power of attorney: a legal arrangement which allows one person to act
on behalf of another.
95. Quid pro quo: is a consideration, i.e. Something in return for something
or something in exchange for something. Such consideration makes both the
parties to the contract or agreement to oblige in doing something or abstains
from doing something as per the wish or desire of the other.
96. Ratio decidendi: "the point in a case that determines the judgement" or
"the principle that the case establishes". In other words, ratio decidendi is a
legal rule derived from, and consistent with, those parts of legal reasoning
within a judgment on which the outcome of the case depends.
97. Ratio legis : a law's foundation or basis.
98. Referendum: direct option of all people in a country assigning from a
proposed piece of legislation.
99. Res integra: a case or a question that has not been examined or passed
upon.
100. Res judicate: a thing or matter that has been finally juridically decided
on its merits and cannot be litigated again between the same parties.
101. Res nullius: a thing belonging to no one whether because never
appropriated (as a wild animal) or because abandoned by its owner but
acquirable by appropriation
102. Res ispa loquitur : the thing speaks for itself.
103. Special leave: provides the aggrieved party a special permission to be
heard in apex court in appeal against any judgment or order of any
court/tribunal in the territory of india.
104. Sub judice: sub judice, latin for "under a judge", means that a particular
case or matter is under trial or being considered by a judge or court.
105. Suo moto: on its own motion, means they take up cases by their own
notice, without any petition being filed, or interest being brought before
them.
106. Viva voce: by word of mouth
107. Warrant: a legal document that allows someone to do something,
especially one that is signed by a judge or magistrate and gives the police
permission to arrest someone or search their house.
108. Ispo facto: by that very fact
109. In personam: designating an action or judgment against a person, as
distinguished from one against a thing, as property
110. In rim: law (of a legal proceeding or judgment) directed against a thing,
rather than against a person, as a legal proceeding for the recovery of
property.
111. Pendente lite: a pending legal suit.
112. Lis pendis: a lis pendens is an official, public notice that a property has
a pending lawsuit or claim attached to it. Lis pendens can only be filed if a
claim is related specifically to the property; however, most laws specify that
the property owner must assume any litigation associated with it. Lis
pendens are common in divorce cases where spouses are divvying up assets
or in cases in which a home is up for foreclosure after a borrower defaults
on a mortgage.