K-6002 Legal Language Notes
K-6002 Legal Language Notes
LLB-6th
Accuse
It’s often used in the passive voice, to describe the state of someone who is accused or was
accused of something.
Advocate
Appeal
Arrest
To take someone who supposedly did something illegal into police custody.
My sister was arrested last night. I wonder what she did!
Barrister
Capital punishment
Also known as the “death penalty,” when the guilty person is sentenced to death.
The prosecutor wanted capital punishment for the defendant who had killed three people.
Charge
Case
Civil law
She practices civil law and spends most of her time helping people get divorced.
Convict
To find someone guilty of a crime through a legal process and pronounce a formal judgment or
verdict of guilt against them. When used as a verb, the stress is on the second syllable.
It’s also a noun meaning someone who has been found guilty of a crime and is serving a jail
sentence. When used as a noun, the stress is on the first syllable.
Courtroom
Criminal law
Refers to a branch of law that deals with offenses or actions considered as crimes, which are
punishable by the government.
She practices criminal law. Right now she’s working on a robbery case.
Defendant
Defense Attorney
I’m not going to jail. I’ve hired the best defense attorney in the city.
Deposition
She gave her deposition last week. We will use it in court today.
Evidence
Fine
An amount of money that you need to pay when you break a small law.
Guilty
Describes the person who committed a crime. After a criminal trial, someone is “found guilty” or
“found innocent” (see below).
Illegal
Innocent
Judge
Jury
The group of citizens in a criminal trial who decide whether a person is guilty or not guilty of the
crime they’re accused of.
Several English-speaking countries have jury trials, but they can look significantly different in
different countries. Some English-speaking countries, such as South Africa, have no jury trials.
The jury took only one hour to find the defendant guilty.
Lawyer
My firm has ten lawyers on staff, including contract lawyers, a criminal lawyer and a couple of civil
law lawyers.
Misdemeanor
Illegal behavior that’s not considered extremely serious. Usually the guilty party is charged a fine
rather than jail time.
She had to pay a fine for vandalism, which is a misdemeanor in this city.
Parole
The early release of someone from jail, often for good behavior, before the end of their prison
sentence.
He was granted parole three years before his actual prison sentence would have ended.
Plea
The defendant’s response of either “guilty” or “innocent” for a crime they’re accused of.
Prosecutor
The lawyer who argues for the guilt of the accused (the defendant).
Subpoena
I was subpoenaed and will have to go to court next week to give my testimony.
Sue
To start legal procedures against someone in order to get compensation or payment for damages or
wrongdoing.
After he got injured, he decided to sue his boss over the unsafe work environment.
To sit or stand in the courtroom and tell the judge about the crime. Witnesses and defendants can
“take the stand.”
She was nervous, but she took the stand and answered all the prosecutor’s questions.
Testify
Testimony
A written or spoken statement about the crime or offense.
Verdict
The final decision in the courtroom as to whether the defendant is guilty or innocent.
Warrant
You may also often hear the term “search warrant,” which gives the police permission to search
someone’s property for evidence.
Witness
A person who saw the crime taking place and must describe what they saw or heard in the
courtroom.
Crimes
DWI or DUI
“Driving while intoxicated” or “Driving under the influence.” Both terms refer to the offense of
driving a vehicle after consuming alcohol.
The slang term for this is drunk driving (U.S.) or drink driving (U.K.).
Forgery
It was an excellent forgery. It took the company days to realize the signature was a fake.
Fraud
She was convicted of fraud. She’d been making replica paintings and selling them as the real thing.
Kidnapping
He was trying to kidnap the child but the police stopped him as he was driving away.
Murder
Negligence
Failure to exercise reasonable care or caution which results in harm or injury to another person or
their property.
He drove his car through a storefront and was charged with negligence.
Perjury
He committed perjury in the courtroom and will have to face the consequences.
Rob
A man robbed the house next door last month and now every house in the neighborhood has a
security system.
Shoplifting
Trespass
Vandalism
She was charged with vandalism for spray painting the side of the office building.
Property
Landlord
My landlord is very helpful. When the washing machine broke, he bought a new one for the
apartment right away.
Lease
A formal contract letting someone other than the owner use a property for a certain amount of time
and for a certain amount of money.
I signed a two-year lease for the apartment! I can’t wait to move in.
Loan
Money borrowed from a bank or private institution that must be paid back with interest.
I took out several loans to go to college.
Mortgage
A legal agreement from the bank that lends you money to buy a house.
Proprietor
Rental Agreement
I signed my rental agreement today, but I’m not sure how long I’ll be here—maybe just a few
months.
Security Deposit
A payment you make when you rent a property to cover any possible damages that might occur.
I had to pay first month’s rent and a security deposit, but now I have the keys to my new apartment!
Tenant
Contracts
Agreement
We’ve finally come to an agreement. Please make the changes in the contract and we’ll sign it
tomorrow.
Article
A section in a contract.
In Article 7, it says that you have to notify the company two weeks before you intend to quit.
Default
Failure to make payments on a loan or mortgage. Often used in the past tense.
He lost his job and defaulted on his mortgage payments. He may lose his house.
Fulfill
By signing this contract, you agree to fulfill all of the conditions listed.
Hereinafter
A term used in contracts that means “from now on” or “further on in the document.”
Bob’s Computers will be referred to as Company A and Joe’s Electronics will be referred to as
Company B hereinafter.
Liable
Our company is liable if something goes wrong with the new model.
Canceled or invalid.
This contract is null and void the moment you step out of my office!
On behalf of
Party
The two parties need to come to an agreement by the end of the day.
(i) Perjury
(ii) Bonafide
(iii) Counsel
(iv) Council
(v) Decree
(vi) Vested
ANS -
(i) Perjury, the act of willfully lying under oath, is considered a serious offense in the court of law.
(ii) The company's bonafide intention to improve workplace conditions was evident through their
implementation of new safety protocols.
(iii) The judge issued a decree, formally announcing the legal decision and ordering the parties
involved to adhere to its terms.
(iv) The defendant sought counsel from a seasoned attorney to navigate through the complexities of
the legal proceedings.
(v) The city council convened to discuss the proposed budget allocation for public infrastructure
projects.
(vi) With the completion of the required paperwork, ownership of the property officially vested in
the new owner.
Both direct and indirect speech are methods to narrate the words spoken by a specific person. The
difference between them lies in how they are constructed and in the purpose of using them.
Direct Speech
In a direct speech, the actual words of the speaker are quoted explicitly. It is often used to relay
something being said in the present tense. It can also be used to recall the exact words of the
speaker when retelling a previous conversation. You can recognize a direct speech instantly because
it has a text enclosed in a set of quotation marks. That text or idea is known as the reported speech.
Examples:
As you can see, direct speech can be presented in different tenses: past, present, or future. It
depends on when the actual words were spoken and when the reporter is retelling them. Also,
reporting verbs (say, ask, answer, etc.) are not necessarily placed before the quoted text. You can also
place them after it.
This type of speech is often used in writing novels or telling a story. This is because it gives the text a
more actual and realistic effect.
Indirect Speech
Indirect speech is usually used to relay what was being said by the speaker without directly quoting
the original words. In this case, the tense of the sentence is typically changed. Reporting verbs, such
as say, tell, ask, and others, are used as an introduction. The words of the original speaker will not be
enclosed inside the quotation marks. Instead, the word “that” is used to connect the reporting verb
to the reported text.
Examples:
The above sentences are actually converted from the previous examples of direct speech. Aside from
eliminating the quotation marks, correct pronouns are also used. Additionally, the reporting verbs
are now all found before the reported speech. The reporting verb is then followed with “that.”
The quotation marks are the primary indication of a direct speech. Therefore, it is crucial to take
them out if you are forming an indirect one.
2. Retain the tense of the reporting verb and add the word “that” after it.
You have to retain the tense of the reporting verb to allow consistency of reports. Instead of placing a
comma to separate the reporting clause from the reported one, the word “that” is added. However,
if the reported speech is a yes-no question, you use “if” instead of “that.” If the question starts with
who, what, when, where, etc., no additional words are needed. Instead, you have to rearrange the
sentence into a declarative form.
Example:
If the reporting verb is in the past tense, you should change the tense of the verb inside the reported
speech into its past tense. This is not necessary if the reporting verb is in the present or future tense.
Examples:
Of course, you have to consider the correlation between the report and the idea on the quoted text.
Sometimes, a change in tense is not needed even if the reporting verb is in the past tense.
Examples:
You should also change the pronoun based on who the speaker, doer, and receiver of the action is.
Example:
● Direct Speech: Wendy says, “Ron, you should take care of yourself.”
● Indirect Speech: Wendy told Ron that he should take care of himself.
Appropriate changing of pronouns is done to avoid misunderstanding the whole text. If pronouns are
not changed, it might confuse the reader or the listener as to who is saying or doing the action.
The change in pronouns gives rise to changes in the plurality of the verb used. That being said, you
have to consider and follow correct subject-verb agreement at all times.
For example:
For example:
● Reported speech: She said that she was looking for her keys.
For example:
● Direct speech: She has written three letters for her friend.
● Reported speech: He said she had written three letters for her friend.
For example:
● Reported speech: He said that his friend had given him a bar of chocolate.
● Reported speech: They said that they had been living in London.
For example:
For example:
● Reported speech: He said that he would finish his report in two days.
For example:
For example:
Future Perfect Tense (e.g. will have been) into “would have been“
For example:
● Reported speech: He said (that) all the money would have been spent.
For example:
Ans 2
Active passive
Having learnt about the different parts of speech in the English language and the 12 different tenses,
the next topic that you should focus on is the active voice and the passive voice. In this article, you
will learn all about the active and passive voice, what it means, its definition and usage. Along with
the difference between the two voices and examples given in the article, you will be able to
understand and use the active voice and passive voice accurately and effectively.
The term ‘voice’ is a term that is used to denote the form of the verb which shows if the subject in a
given sentence is the doer or receiver of the action. The voice of a verb describes the relationship
between the action and the participants (subject or object) in a sentence.
There are two voices in the English language and they are as follows:
● Active Voice
● Passive Voice
Let us look into the two voices a little in detail with the help of the meaning and definition given
below.
The active voice, in a sentence, denotes that the noun or pronoun that acts as the subject in the
sentence is the doer of the action. In other words, the subject performs the action or acts upon the
verb.
According to the Oxford Learner’s Dictionary, the active voice is defined as “the form of a verb in
which the subject is the person or thing that performs the action”, and according to the Collins
Dictionary, the active voice is defined as “a voice of verbs used to indicate that the subject of a
sentence is performing the action or causing the event or process described by the verb.”
The passive voice, on the other hand, represents that the subject is one acted upon by the action or
verb in the sentence. It can also be said that the passive voice indicates that the subject in the
sentence is no longer active but passive.
According to the Oxford Learner’s Dictionary, the passive voice is defined as “the form of a verb used
when the subject is affected by the action of the verb”, and according to the Collins Dictionary, the
passive voice is “formed using ‘be’ and the past participle of a verb. The subject of a passive clause
does not perform the action expressed by the verb but is affected by it.”
Using the Active Voice and the Passive Voice – Points to Remember
There are a few points that you have to bear in mind when using the active voice and the passive
voice. In the English language, the active voice is used generally as they give the information in a
direct and clear manner. Make sure you do not use the passive voice just because you think it sounds
better. Use it only if it is necessary. Remember that the active voice has the subject doing the action
and the passive voice has the subject receiving the action. If you want to communicate your thoughts
and ideas clearly and effectively, especially in a professional setup, it would be best to use the active
voice.
A pro tip for you to master the active voice and the passive voice is to know the structure and
formula by which they work.
Active Voice – Subject + Verb + Object
Analysing the difference between the active voice and the passive voice is what will help you in a
much better way to learn how to use the two voices effectively. Take a look at the following table to
know how they differ.
● Denotes that the subject is performing ● Denotes that the subject is acted upon by the verb
the action. or action in the sentence.
● The active voice does not require a ● The passive voice uses a linking verb followed by
linking verb to make sense. the past participle of the main verb.
● The active voice focuses on the doer of ● The passive voice comes in handy when the doer
the action. of the action is undetermined.
● Has a direct, clear and strong tone. ● Has an indirect, weak and subtle tone.
● Examples: ● Examples:
Rules to be Followed When Converting the Active Voice to the Passive Voice
When converting the active voice into the passive voice or vice versa, there are changes in the tenses
and pronouns used in the sentences.
The table given below shows you how the tenses change when converting the active voice to the
passive voice and vice versa.
Conversion Rules for Active Voice and Passive Voice
Tense Voice Simple Tense Continuous Tense Perfect Tense Perfect Continuous
Tense
Present Active Brendon plays Brendon is playing Brendon has played Brendon has been
cricket. cricket. cricket. playing cricket.
Past Active Brendon played Brendon was Brendon had played Brendon had been
cricket. playing cricket. cricket. playing cricket.
Passive Cricket was Cricket was being Cricket had been No Passive
played by played by Brendon. played by Brendon.
Brendon.
Future Active Brendon will play Brendon will be Brendon will have Brendon will have
cricket. playing cricket. played cricket. been playing cricket.
I Me
We Us
He Him
She Her
They Them
It It
There are a few other points that you have to know so that you can use the two voices effectively.
They are as follows:
● When converting a sentence in the active voice to the passive voice, the first thing that you
have to do is interchange the subject and the object.
● The next part of speech you have to focus on is the verb. When converting the active voice
into the passive voice, you just have to convert the main verb into its past participle or its
third form. The third form of the main verb is the past participle form of the verb.
● When you are changing the tense of the main verb, make sure you use an auxiliary
verb which maintains the tense the sentence represents.
● Always use the preposition, ‘by’ before the subject in a passive sentence.
● If there are any adverbs used in the sentence with the active voice, be sure to include it in
the passive voice as well. Do not just drop it when you convert a sentence in the active voice
to the passive voice or vice-versa.
Given below are a few examples of how to convert the active voice into the passive voice.
●
●
● Active Voice – Latha is learning French this year.
●
●
●
●
●
● Active Voice – Mira will buy the refreshments for the party.
Passive Voice – The refreshments for the party will be bought by Mira.
● Active Voice – Sanjay will have given the forms to all the participants.
Passive Voice – The forms will have been given to all the participants by Sanjay.
Check Your Understanding of the Active Voice and the Passive Voice
Now that you have seen a number of examples and learnt how the conversion is done, try converting
the following sentences as directed.
3. Santana will sing All My Life at the Nationals. (Change into active voice)
6. The decorations for the annual day will be done by Emma. (Change into active voice)
7. J. K. Rowling wrote the Harry Potter novels. (Change into passive voice)
8. Ms. Holly will teach Spanish this year. (Change into passive voice)
Check out if you did the conversion right from the answers given below.
1. ibid. - "ibidem" (Latin for "in the same place"), used to refer to the immediately preceding citation.
2. op. cit. - "opere citato" (Latin for "in the work cited"), used to refer to a previously cited work and
page.
3. et al. - "et alii" (Latin for "and others"), used to indicate additional authors beyond the first listed.
4. cf. - "confer" (Latin for "compare"), used to suggest a comparison with another source.
5. supra - "above", used to refer to a previously cited work without specifying the page.
Abbreviations used for Indian and foreign legal periodicals:
Here are some abbreviations commonly used for Indian and foreign legal periodicals:
These are just a few examples, and there are many more abbreviations used in footnotes and legal
writings, both for general and specific purposes.
Ques 5 Write a letter to the collector of your district complaining against the use of
microphones / DJ or loudspeakers during your examination days
[Your Name]
[Your Address]
[Email Address]
[Phone Number]
[Date]
[Collector's Name]
I am writing to bring to your attention a matter of great concern regarding the disturbance caused by
the use of microphones, DJ, and loudspeakers during examination days in our district.
As a resident and a student of [Your School/College Name], I have experienced firsthand the
disruptive effects of amplified sound systems used in various events and gatherings held near
educational institutions, especially during crucial examination periods. These events often involve
the use of microphones, DJ sets, and loudspeakers, resulting in high levels of noise pollution that
significantly hampers students' ability to concentrate and perform well in their examinations.
The incessant noise generated by these sound systems creates an extremely stressful and distracting
environment for students who are already under pressure to perform to the best of their abilities
during exam days. Despite repeated requests from students, parents, and educational institutions to
limit the use of such equipment or to schedule events at times that do not coincide with examination
periods, the situation persists, causing undue hardship to the academic pursuits of students.
Therefore, I urge you, as the responsible authority, to take immediate and effective measures to
address this issue. It is imperative that strict regulations are enforced to control the use of
microphones, DJ sets, and loudspeakers during examination days, particularly in the vicinity of
educational institutions. Additionally, I request that alternative arrangements be made for events
and gatherings to ensure minimal disruption to students' studies and examinations.
Furthermore, I kindly request your office to work in collaboration with relevant authorities, including
local law enforcement agencies and event organizers, to enforce compliance with these regulations
and to monitor the situation closely to prevent any recurrence of such disturbances in the future.
I trust that you will give due consideration to this matter and take prompt action to alleviate the
hardships faced by students during examination days. Your intervention in this regard will not only
promote a conducive learning environment but also demonstrate your commitment to upholding the
welfare and academic interests of the students in our district.
Thank you for your attention to this important issue. I look forward to a positive resolution and
improvement in the situation.
Yours sincerely,
[Your Name]
3. Actio personalis moritur cum persona – A personal right of action dies with the person. In another
sense, if he dies, the right to sue is gone.
4. Actori incumbit onus probandi – The burden of proof is on the plaintiff. Read under
5. Actus me invito factus non est mens actus – An act done by me against my will is not my act. Read
with section 94 of IPC.
6. Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is accompanied
by a guilty mind.
8. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal
act and intent. Or an act does not make a defendant guilty without a guilty mind. Or an act does not
constitute guilt unless done with a guilty intention.
11. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the court.
12. Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a
lawsuit is brought.
17. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction,
i.e. remedial authority.
18. Caveat – A caution registered with the public court to indicate to the officials that they are not to
act in the matter mentioned in the caveat without first giving notice to the caveator.
23. Communis hostis omnium – They are common enemies of all. The common enemy of everyone.
Read with section 4(2) of IPC.
25. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a
crime, such as a corpse (dead body).
Also, it refers to the principle that ‘a crime must be proved to have occurred before a person can be
convicted of committing that crime.’ (This definition is mostly used in Western Law.)
26. Crimen trahit personam – The crime carries the person. Read with section 2 of IPC. In other
words, it means wherever a person goes, and if he commits a crime there, then he will be covered by
the provisions of the Indian Penal Code, that is, Interterritorial Jurisdiction.
31. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things). Or law is not
concerned with small or insignificant things/matters.
33. Dictum – Statement of law made by the judge in the course of the decision but not necessary to
the decision itself.
34. Doli capax – Capable of forming necessary intent to commit a crime. Read with section 83 of IPC.
35. Doli incapax – Incapable of crime. Or incapable of forming the intent to commit a crime. Read
with section 82 of IPC.
36. Detinue – Tort of wrongfully holding goods that belong to someone else.
37. Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s
imminent death and only delivered upon the donor’s death.
According to Wikipedia, It is a law that retroactively changes the legal consequences (or status) of
actions that were committed or relationships that existed before the enactment of the law. In
criminal law, it may criminalise actions that were legal when committed; it may aggravate a crime by
bringing it into a more severe category than it was in when it was committed; it may change
the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may
alter the rules of evidence in order to make conviction for a crime likelier than it would have been
when the deed was committed.
43. Falsus in uno falsus in omnibus – It means false in one thing, false in everything. Read
under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the
case of Suchita Singh and Anr vs State of Punjab and Ors (2015).
46. Factum probans – Relevant fact. In other words, it means a fact or statement of facts offered in
evidence as proof of another fact. It is read under section 3 of the Indian Evidence Act.
49. Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons cannot validly sign a
will, contract, or form the frame of mind necessary to commit a crime. Or a person with mental
illness has no free will.
50. Furious absentis loco est – A madman is like one who is absent. Read with section 84 of IPC.
51. Furiosis furore suo puiner -A madman is best punished by his own madness.
53. Habeas corpus – A writ to have the body of a person to be brought in before the judge.
54. Ignorantia facit doth excusat, Ignorance juris non-excusat – Ignorance of fact is an excuse, but
ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.
55. Ignorantia juris non excusat – Ignorance of law is not an excuse. Or ignorance of the law excuses
no one. In other words, a person who is unaware of a law may not escape liability for violating that
law merely because one was unaware of its content.
61. Innuendo – Spoken words that are defamatory because they have a double meaning.
64. Inter vivos – Between living people (especially of a gift as opposed to a legacy).
65. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there
should be an end to litigation.
67. Jus in personam – Right against a specific person (or party). Read under section 43 of the Indian
Evidence Act.
68. Jus in rem – Right against the world at large. Read under section 43 of the Indian Evidence Act.
69. Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of
right and wrong that is natural law.
70. Jus Necessitatis – It means a person’s right to do what is required, for which no threat of legal
punishment is a dissuasion.
77. Lex Fori – The law of the country. The law of evidence is lex fori. It means the law of evidence is
the law of the land where court proceedings are taken.
78. Lex non a rege est violanda – The law must not be violated even by the king.
79. Locus standi – Right of a party to an action to appear and be heard by the court.
81. Malum in se or Mala in se (plural) – Wrong or evil in itself. Or Mala in se is ‘a term that signifies
crime that is considered wrong in and of itself.’ For example, most human beings believe that murder,
rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct
occurs and is thus recognisably malum in se.
82. Malum prohibitum – In a way, opposite of Malum in se. It means ‘crimes are criminal not
because they are inherently bad, but because the act is prohibited by the law of the state.’ For
example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because
driving on the right side of a road is considered immoral, but because the law says to drive on the left
side and not on the right side.
83. Mandamus – ‘We command’. A writ of command issued by a higher court to government and
public authority to compel the performance of public duty..
88. Mutatis Mutandis – With the necessary changes having been made. Or with the respective
differences having been considered.
89. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.
90. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for
the same offence.
91. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua
causa – Nobody can be the judge in his own case.
92. Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his
mouth. Or, in other words, ‘no man at the point of death is presumed to lie.’ This maxim is related
to dying declaration.
93. Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same
property.
94. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a
suit.
95. Novation – Transaction in which a new contract is agreed by all parties to replace an existing
contract.
96. Nullum crimen sine lege, nulla poena sine lege – There must be no crime or punishment except
in accordance with fixed, predetermined law. In other words, there must be no punishment without
law.
97. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier
ruling.
98. Non Sequitur – A statement (such as a response) that does not follow logically from or is not
clearly related to anything previously said.
99. Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or
non-necessary remark made by a judge. It does not act as a precedent.
In other words, Obiter dictum means “that which is said in passing,” an incidental statement.
Specifically, in law, it refers to a passage in a judicial opinion that is not necessary for the decision of
the case before the court. Such statements lack the force of precedent but may nevertheless be
significant.
100. Onus probandi – Burden of proof. Read under section 102 of the Indian Evidence Act.
101. Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding.
In international agreements it means ‘every treaty in force is binding upon the parties to it and must
be performed by them in good faith.’
104. Per curiam (decision or opinion) – By the court. In other words, the decision is made by the
court (or at least, a majority of the court) acting collectively.
107. Potior est conditio possidentis – It means in equal fault (better is the condition of the
possessor). Read under section 110 of the Indian Evidence Act.
109. Alimony – A husband’s (or wife’s) provision for a spouse after separation or
divorce; maintenance. Related: What Is the Law Related to Alimony in India?
110. Palimony – Money which a man pays to a woman with whom he has been living and from
whom he is separated. Palimony has slightly different meanings in different jurisdictions.
113. Quantum meruit – What one has earned. Or the amount he deserves.
In other words, A reasonable sum of money to be paid for services rendered or work done when the
amount due is not stipulated (specified, written down) in a legally enforceable contract.
Source: Oxford
114. Qui facit per alium, facit per se – He who acts through another acts himself.
In simple words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated in
discussing the liability of the employer for the act of employee in terms of vicarious (indirect,
secondhand) liability.
115. Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when sober.
Read with section 86 of IPC.
117. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also
bear the burden.
118. Quo warranto – By what authority. A writ calling upon one to show under what authority he
holds or claims a public office.
119. Quod necessitas non habet legem or Necessitas non habet legem – Necessity knows no law.
Read with section 81 of IPC.
120. Ratio decidendi – Principle or reason underlying a court judgement. Or the rule of law on which
a judicial decision is based.
121. Respondeat superior – Let the master answer. For example, there are circumstances when an
employer is liable for acts of employees performed within the course of their employment. This rule
is also called the master-servant rule.
Or let the principal answer. In other words, it means to hold the employer or the principal legally
responsible for the wrongful acts of an employee or agent committed within the scope of the
employment or agency. Read with sections 154 & 155 of IPC.
122. Res ipsa loquitor – The thing speaks for itself. Read under section 106 of the Indian Evidence
Act. Related: What Is Res Ipsa Loquitor
123. Res Judicata – A matter already judged. In other words, it means a matter finally decided by a
competent court on the basis of merits. Read under section 40 of the Indian Evidence
Act. Related: Res Judicate Is Based On 3 Maxims. Related: Res Judicata vs Res Sub Judice
124. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as
correct.
126. Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the
supreme law. In other words, it means public welfare is the highest law. Read under section 123 of
Evidence Act.
129. Sine qua non – “Without which nothing”. An essential condition. A thing that is absolutely
necessary. Basically a component of an argument that, if debunked, causes the entire argument to
crumble.
132. Ubi jus ibi remedium – Where there is a right, there is a remedy.
133. Veto – Ban or order not to allow something to become law, even if it has been passed by a
parliament.
136. Volenti non fit injuria – Damage suffered by consent gives no cause of action. Or harm caused
with consent cannot be considered an injury. Read with section 87 of IPC.
In other words, If someone willingly places himself in a position where he knows that harm might
result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a
violation of the law).
137. Vox populi – Voice of the people. Or the opinion of the majority of the people.
Writing a case comment involves analyzing and critiquing a specific legal case, typically one that has
recently been decided by a court. Case comments are commonly written by law students, legal
scholars, or practitioners and serve as a means to understand the significance of a case, its
implications on the law, and its potential impact on future cases. Here's a step-by-step method for
writing a case comment:
1. **Selecting the Case**: Choose a legal case that is relevant to your area of study or interest. It
could be a recent decision from a higher court, a landmark case, or one that addresses a novel legal
issue.
2. **Understanding the Case**: Carefully read and analyze the case, including the judgment,
reasoning of the court, relevant statutes, regulations, and legal precedents. Take notes on key facts,
legal arguments presented by the parties, and the court's decision.
3. **Identifying the Issues**: Identify the legal issues that were central to the case. These could
involve questions of law, interpretation of statutes or contracts, constitutional principles, or matters
of public policy.
4. **Analyzing the Decision**: Evaluate the court's decision and reasoning. Consider whether you
agree or disagree with the outcome and the rationale provided by the court. Assess the strengths
and weaknesses of the arguments presented by both parties.
5. **Contextualizing the Case**: Place the case in its broader legal and social context. Discuss how
the case fits within existing legal frameworks, precedents, and trends in jurisprudence. Consider the
practical implications of the decision on future cases or legal practice.
6. **Offering Critique and Commentary**: Provide your own analysis and critique of the case.
Discuss any ambiguities, inconsistencies, or areas where the court's reasoning may be open to
challenge. Consider alternative interpretations or approaches that could have been taken.
7. **Considering Policy Implications**: Reflect on the broader policy implications of the case. Discuss
how the decision may impact society, individuals, businesses, or government institutions. Consider
whether the decision promotes fairness, justice, and the public interest.
8. **Citing Authorities**: Support your analysis with references to relevant legal authorities,
including statutes, case law, scholarly articles, and commentary. Use proper citation formats
according to the applicable legal citation style guide (e.g., Bluebook, APA, MLA).
9. **Structuring the Comment**: Organize your case comment into clear and logical sections,
including an introduction, background information on the case, analysis of the issues, critique of the
decision, and conclusion.
10. **Writing and Editing**: Write your case comment in a clear, concise, and scholarly manner. Pay
attention to grammar, spelling, and punctuation. Revise and edit your work to ensure clarity,
coherence, and accuracy.
11. **Seeking Feedback**: Consider sharing your draft with peers, professors, or colleagues for
feedback and suggestions for improvement. Incorporate constructive criticism to strengthen your
case comment.
12. **Finalizing the Comment**: Make any necessary revisions based on feedback and finalize your
case comment for submission or publication. Ensure that it conforms to the formatting and style
requirements of the intended audience or publication outlet.
By following these steps, you can effectively write a comprehensive and insightful case comment that
contributes to the understanding and discussion of important legal issues.
Introduction:
The Ram Janmabhoomi-Babri Masjid land dispute case, culminating in the landmark judgment of *M.
Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors.*, is one of the most significant legal controversies in
Indian history. In this case comment, I will examine the background, legal issues, judicial reasoning,
and broader implications of this historic decision.
Background:
The dispute revolves around a plot of land in Ayodhya, Uttar Pradesh, where the Babri Masjid, a
mosque, stood until its demolition in 1992 by Hindu activists who claimed it was built on the
birthplace of Lord Ram. The demolition sparked communal violence and legal battles that lasted for
decades. The central legal question was the ownership and title rights to the disputed land.
Analysis:
In its judgment delivered on November 9, 2019, the Supreme Court of India settled the contentious
issue by ruling in favor of the construction of a Hindu temple at the disputed site while also directing
the government to allocate an alternative five-acre plot for the construction of a mosque. The Court
based its decision on a combination of historical accounts, archaeological evidence, and legal
principles, aiming to balance competing religious and legal claims.
Critique:
While the judgment aimed to bring closure to a long-standing dispute, it faced criticism from various
quarters. Some critics questioned the reliance on historical and archaeological evidence, arguing that
it undermined the secular principles of the Indian Constitution and set a dangerous precedent for
adjudicating religious disputes. Others raised concerns about the implications for minority rights and
the potential for further communal tensions.
Policy Implications:
The *M. Siddiq* judgment has far-reaching implications for Indian society, politics, and
jurisprudence. It represents a significant milestone in the resolution of a deeply divisive issue and
sets a precedent for the peaceful adjudication of religious disputes through legal means. However, it
also raises broader questions about the role of the judiciary in adjudicating matters of faith, the
protection of minority rights, and the preservation of India's secular ethos.
Conclusion:
In conclusion, the *M. Siddiq* case stands as a landmark in Indian legal history, reflecting the
complexities of identity, history, and law in a diverse and pluralistic society. While the judgment seeks
to address a longstanding dispute, its implications extend far beyond the confines of the courtroom,
shaping the contours of India's social and political landscape for years to come. As the nation moves
forward, it must grapple with the challenges of reconciliation, communal harmony, and the
protection of constitutional values in the aftermath of this historic decision.
(i) Terrorism:
Terrorism is a grave threat to global peace and security, characterized by the deliberate use of
violence and intimidation to achieve political, religious, or ideological objectives. It targets innocent
civilians, instills fear, and disrupts the normal functioning of societies. The motivations behind
terrorism are diverse, ranging from political grievances and socio-economic inequality to religious
extremism and ideological indoctrination. Terrorist organizations, whether state-sponsored or
non-state actors, employ various tactics such as bombings, assassinations, kidnappings, and cyber
attacks to advance their goals.
The impact of terrorism extends beyond its immediate victims, causing widespread psychological
trauma, economic disruption, and social instability. It undermines trust between communities,
fosters fear and suspicion, and erodes the fabric of society. Efforts to combat terrorism require a
comprehensive and multi-faceted approach, including intelligence gathering, law enforcement
measures, international cooperation, and addressing the root causes of radicalization. It is essential
to promote dialogue, tolerance, and respect for human rights to counter the appeal of extremist
ideologies and prevent the spread of terrorism.
Governments must work together to disrupt terrorist networks, dismantle their financing, and
prevent the recruitment and radicalization of individuals susceptible to extremist propaganda. At the
same time, addressing underlying grievances, promoting social inclusion, and addressing
socio-economic disparities can help mitigate the conditions that fuel radicalization and extremism.
International cooperation is crucial in tackling transnational terrorist threats and preventing the
proliferation of weapons of mass destruction.
In conclusion, terrorism poses a significant challenge to the stability and security of nations
worldwide. It requires a concerted and coordinated effort by governments, civil society, and the
international community to counter the threat effectively. By addressing the root causes of terrorism,
promoting peace and dialogue, and upholding the rule of law and human rights, we can work
towards a safer and more secure world for all.
Public Interest Litigation (PIL) is a legal mechanism that enables individuals or organizations to seek
judicial intervention in matters of public concern or interest. It serves as a vital tool for promoting
social justice, accountability, and the protection of fundamental rights. PIL allows concerned citizens,
activists, or non-governmental organizations to initiate legal proceedings on behalf of marginalized or
vulnerable groups, even if they are not directly affected by the issue at hand.
PIL cases often address issues such as environmental degradation, corruption, discrimination, access
to essential services like healthcare and education, and the protection of human rights. By bringing
these issues to the attention of the courts, PIL helps to hold governments and public authorities
accountable for their actions and decisions. It empowers marginalized communities and individuals
to seek redress for injustices and assert their rights in the face of systemic discrimination or abuse of
power.
One of the key features of PIL is its accessibility and inclusivity, as it allows ordinary citizens and civil
society organizations to participate actively in the legal process and contribute to the advancement
of public interest objectives. PIL cases often involve innovative legal strategies, creative remedies,
and strategic litigation tactics aimed at effecting systemic change and promoting social justice.
However, PIL also faces challenges, including issues of standing, judicial activism, and potential abuse
by vested interests. Critics argue that PIL can sometimes undermine the principle of separation of
powers and encroach on the domain of the executive and legislative branches of government.
Nevertheless, when used responsibly and judiciously, PIL can be a powerful tool for advancing the
public interest, promoting accountability, and upholding the principles of democracy and the rule of
law.
Juvenile delinquency refers to the involvement of minors in criminal behavior or antisocial activities.
Understanding the causes of juvenile delinquency is crucial for addressing this complex social issue
and developing effective prevention and intervention strategies. Several factors contribute to
juvenile delinquency, including socio-economic deprivation, family dysfunction, peer influence,
substance abuse, and inadequate access to education and employment opportunities.
Socio-economic factors play a significant role in shaping juvenile delinquency. Poverty, lack of access
to quality education, and limited economic opportunities can lead to feelings of frustration,
hopelessness, and alienation among young people. In deprived neighborhoods, where crime and
violence are prevalent, adolescents may become involved in criminal activities as a means of survival
or as a response to their environment.
Family dynamics also influence juvenile delinquency. Children raised in dysfunctional families
characterized by parental neglect, abuse, substance abuse, or criminal behavior are more likely to
engage in delinquent behavior themselves. A lack of parental supervision, inconsistent discipline, and
poor communication within the family can contribute to the development of antisocial attitudes and
behaviors in children.
Peer influence plays a crucial role in shaping adolescent behavior. Adolescents often seek acceptance
and validation from their peers, and involvement in delinquent peer groups can normalize criminal
behavior and encourage risk-taking. Peer pressure, coupled with a desire for belonging and identity,
can lead young people to engage in delinquent activities such as drug abuse, vandalism, or gang
involvement.
Substance abuse is a significant risk factor for juvenile delinquency. Drug and alcohol abuse impair
judgment, increase impulsivity, and lower inhibitions, making adolescents more susceptible to
engaging in criminal behavior. Substance abuse also exacerbates other underlying risk factors, such
as family conflict and peer influence, further increasing the likelihood of delinquency.
Addressing the root causes of juvenile delinquency requires a multi-faceted approach that
encompasses social welfare interventions, family support services, education, mental health support,
and community-based programs aimed at prevention and rehabilitation. By addressing these
underlying factors, society can work towards reducing juvenile delinquency and promoting the
healthy development of young people.
The independence of the judiciary is a cornerstone of democracy and the rule of law. It ensures that
judges can adjudicate cases impartially, free from external influence or interference from the
executive or legislative branches of government. Judicial independence is essential for upholding the
principles of justice, fairness, and accountability in society.
A truly independent judiciary is one that is free from political pressure, intimidation, or coercion.
Judges must be able to interpret and apply the law without fear of reprisal or favoritism, ensuring
that all individuals are treated equally before the law. Judicial independence safeguards against the
abuse of power, arbitrary decision-making, and violations of fundamental rights.
Several mechanisms help safeguard the independence of the judiciary. Tenure protections for judges,
which prevent their removal or suspension except for specified reasons and through prescribed
procedures, help insulate them from political influence. Financial autonomy, which ensures that the
judiciary has adequate resources to fulfill its functions independently, is also crucial.
The separation of powers, another fundamental principle of democratic governance, plays a vital role
in preserving judicial independence. It ensures that the judiciary functions as a co-equal branch of
government, distinct from the executive and legislative branches. This separation prevents undue
interference in judicial affairs and promotes a system of checks and balances that prevents the
concentration of power in any single branch.
Judicial independence is essential for maintaining public trust and confidence in the legal system.
When individuals have faith in the judiciary's ability to uphold the rule of law and protect their rights,
they are more likely to seek redress for grievances through legal channels. This trust is essential for
the stability and legitimacy of democratic institutions.
However, judicial independence is not without its challenges. Judges must remain vigilant against
attempts to undermine their autonomy, whether through political pressure, threats, or attempts to
undermine the judiciary's authority. It is essential for society to uphold and protect the
independence of the judiciary as a fundamental pillar of democracy and the rule of law.
5. Governance:
Governance refers to the processes, structures, and institutions through which societies make and
implement decisions. It encompasses the exercise of political authority, the management of public
affairs, and the allocation of resources to meet the needs of citizens. Good governance is essential
for promoting economic development, social cohesion, and the protection of human rights.
Key elements of good governance include transparency, accountability, participation, and the rule of
law. Transparency ensures that decision-making processes are open, accessible, and free from
corruption, allowing citizens to hold public officials accountable for their actions. Accountability
requires public officials to answer for their decisions and actions, ensuring that they act in the public
interest and are held responsible for any wrongdoing.
Participation is crucial for ensuring that citizens have a voice in decision-making processes and can
contribute to shaping policies that affect their lives. This includes not only the right to vote in free
and fair elections but also the ability to participate in public debate, access information, and engage
with government institutions. The rule of law ensures that laws are applied consistently and
impartially, protecting individuals' rights and preventing arbitrary exercise of power.
Effective governance requires strong institutions that are capable of delivering public services
efficiently and transparently. This includes well-functioning legal and judicial systems, effective public
administration, and mechanisms for citizen engagement and participation. It also requires responsive
and accountable leadership that prioritizes the public interest over narrow partisan interests.
Challenges to good governance include corruption, lack of transparency, weak institutions, and
inadequate accountability mechanisms. Corruption undermines public trust in government
institutions, distorts decision-making processes, and diverts resources away from essential services.
Weak institutions and lack of accountability can lead to abuses of power, human rights violations,
and social unrest.
Addressing governance challenges requires a comprehensive approach that addresses root causes
and promotes institutional reform, transparency, and accountability. This includes strengthening
anti-corruption measures, promoting transparency and accountability in public procurement
processes, and enhancing citizen participation in decision-making. By promoting good governance,
societies can ensure that public resources are used efficiently and effectively to meet the needs of all
citizens and promote inclusive and sustainable development.
The question of whether the death penalty should be abolished is a complex and contentious issue
that raises profound moral, ethical, and legal considerations. Proponents of abolishing the death
penalty argue that it is inherently cruel, irreversible, and ineffective as a deterrent to crime. They
point to cases of wrongful convictions, racial disparities in sentencing, and the possibility of executing
innocent individuals as compelling reasons to abolish capital punishment. Additionally, many argue
that the death penalty violates fundamental human rights principles, including the right to life and
the prohibition of cruel and unusual punishment.
Furthermore, there is evidence to suggest that the death penalty is not an effective deterrent to
crime. Studies have shown that the certainty and severity of punishment, rather than its nature, have
a greater impact on deterring criminal behavior. Moreover, the death penalty disproportionately
affects marginalized and disadvantaged communities, exacerbating existing inequalities within the
criminal justice system.
On the other hand, proponents of retaining the death penalty argue that it serves as a necessary
deterrent to the most heinous crimes and provides a sense of justice and closure to victims and their
families. They contend that abolishing the death penalty would undermine public safety and diminish
the severity of punishment for the most serious offenses.
In conclusion, the debate over the abolition of the death penalty is deeply polarized and raises
fundamental questions about justice, morality, and human rights. While some argue that the death
penalty is a necessary tool for maintaining law and order, others believe that it is a barbaric practice
that has no place in modern society. Ultimately, the decision to abolish the death penalty should be
guided by principles of fairness, justice, and respect for human rights.
The United Nations Organization (UNO) plays a crucial role in restoring peace and maintaining
international security through various diplomatic, humanitarian, and peacekeeping efforts.
Established in the aftermath of World War II, the UNO's primary purpose is to prevent conflicts,
resolve disputes peacefully, and promote cooperation among nations.
One of the key functions of the UNO in restoring peace is its peacekeeping operations. UN
peacekeepers are deployed to conflict-affected areas around the world to help maintain peace,
protect civilians, and facilitate the transition to stability and democracy. Peacekeeping missions often
involve a combination of military, police, and civilian personnel working together to monitor
ceasefires, disarm combatants, and support political reconciliation efforts.
In addition to peacekeeping, the UNO plays a vital role in conflict prevention and resolution through
diplomacy and mediation. The Secretary-General and other UN officials work tirelessly to facilitate
dialogue, negotiate peace agreements, and address the root causes of conflict. The UN Security
Council, the principal organ responsible for maintaining international peace and security, has the
authority to impose sanctions, authorize peacekeeping missions, and take other measures to address
threats to peace.
Furthermore, the UNO provides humanitarian assistance to millions of people affected by conflict,
natural disasters, and other emergencies. UN agencies such as the UN High Commissioner for
Refugees (UNHCR), the World Food Programme (WFP), and the United Nations Children's Fund
(UNICEF) work on the ground to provide lifesaving aid, protection, and support to those in need.
In conclusion, the UNO plays a critical role in restoring peace and stability in conflict-affected regions
through its peacekeeping, diplomatic, and humanitarian efforts. While the challenges of maintaining
peace are complex and multifaceted, the UNO remains committed to its mission of promoting peace,
security, and human rights for all.
Article 370 of the Indian Constitution granted special autonomous status to the state of Jammu and
Kashmir, allowing it to have its own constitution, flag, and autonomy over internal matters except
defense, foreign affairs, finance, and communications. However, on August 5, 2019, the Government
of India revoked Article 370 and bifurcated the state into two Union Territories – Jammu and Kashmir,
and Ladakh.
The abrogation of Article 370 sparked widespread debate and controversy, with proponents arguing
that it would integrate Jammu and Kashmir more closely with the rest of India, promote
development, and address longstanding grievances. They contended that the special status granted
by Article 370 had hindered economic growth, perpetuated separatism, and impeded the extension
of central laws and welfare schemes to the region.
Opponents of the move, however, argued that it was unconstitutional, undemocratic, and violated
the rights of the people of Jammu and Kashmir. They expressed concerns about the impact on the
region's autonomy, identity, and political representation, as well as the potential for increased
tensions and unrest. Additionally, the revocation of Article 370 was criticized for being implemented
without adequate consultation or consent from the people of Jammu and Kashmir.
The abrogation of Article 370 also raised questions about its implications for the relationship
between the central government and the states, federalism, and constitutionalism in India. Critics
argued that it set a dangerous precedent for unilateral executive action and undermined the
principles of democratic governance and constitutionalism.
In conclusion, the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into Union
Territories represent a significant development in India's constitutional history with far-reaching
implications for the region's politics, governance, and identity. While proponents view it as a step
towards greater integration and development, opponents see it as a violation of the rights and
aspirations of the people of Jammu and Kashmir and a challenge to India's federal structure and
democratic values.
Child labour remains a pressing social and economic issue in India, despite legal prohibitions and
efforts to eradicate it. Defined as the employment of children in any work that deprives them of their
childhood, education, and potential, child labour persists in various forms across sectors such as
agriculture, manufacturing, construction, domestic service, and trafficking.
Several factors contribute to the prevalence of child labour in India, including poverty, lack of access
to education, social exclusion, family circumstances, and weak enforcement of child labour laws.
Many children are forced to work due to economic necessity, as their families struggle to make ends
meet. Additionally, social attitudes, cultural norms, and traditional practices often perpetuate the
cycle of child labour, particularly in marginalized and disadvantaged communities.
The consequences of child labour are profound and far-reaching, affecting not only the immediate
well-being of children but also their long-term development and future prospects. Child labour
deprives children of their right to education, exposes them to hazardous and
Efforts to address child labour in India have been multi-faceted, encompassing legislative measures,
policy interventions, social programs, and awareness-raising campaigns. The Indian government has
enacted laws such as the Child Labour (Prohibition and Regulation) Act, which prohibits the
employment of children in hazardous occupations and regulates their working conditions in
non-hazardous sectors. Additionally, various welfare schemes and initiatives aim to provide support
to vulnerable children and their families, including access to education, healthcare, and social
protection.
However, despite these efforts, child labour remains a persistent challenge, requiring sustained
commitment and collective action from government, civil society, employers, and communities. Key
strategies for addressing child labour include strengthening enforcement mechanisms, improving
access to quality education and social services, raising awareness about the rights of children, and
addressing the root causes of child labour, such as poverty and social exclusion.
In conclusion, child labour continues to be a grave violation of children's rights and a barrier to their
well-being and development in India. Efforts to combat child labour must be comprehensive, holistic,
and rights-based, addressing the underlying causes and consequences of child labour while
promoting the protection, education, and empowerment of children. Only through concerted action
and collective commitment can India eliminate child labour and ensure a better future for all its
children.
QUES 9 What are precedent in Law? How legal rules are created by precedent? What is the
difference between Ratio-Decidendi and obiter dictum? Discuss.
Precedent in law refers to the principle that decisions made by higher courts in previous cases should
be followed by lower courts in subsequent cases with similar facts and legal issues. Precedent serves
as a source of legal authority and provides guidance for judges in interpreting and applying the law
consistently. It helps ensure predictability, consistency, and fairness in the legal system by promoting
uniformity in decision-making and respecting the principle of stare decisis, which means "to stand by
things decided."
Legal rules are created by precedent through a process known as the doctrine of judicial precedent.
When a court makes a decision in a particular case, it establishes legal principles and interpretations
that become binding on lower courts within the same jurisdiction. These legal principles, known as
precedents, form the basis of future legal decisions and contribute to the development of the
common law. As lower courts follow and apply the precedents set by higher courts, a body of legal
rules and principles gradually emerges, shaping the law and providing guidance for future cases.
There are two main components of a judicial decision that contribute to the creation of legal rules by
precedent: ratio decidendi and obiter dictum.
1. Ratio Decidendi:
- The ratio decidendi, or "the reason for the decision," refers to the legal principle or rule of law
that forms the basis of the court's decision in a case. It represents the essential reasoning or
rationale behind the decision and is binding on future cases with similar facts and legal issues.
- The ratio decidendi is the key part of the judgment that directly addresses the central legal issues
and provides the legal basis for the decision. It represents the core of the decision-making process
and is considered authoritative and binding on lower courts.
- Judges are required to identify and follow the ratio decidendi of previous cases when deciding
similar cases in the future. It serves as the foundation for the development of legal rules by
precedent.
2. Obiter Dictum:
- Obiter dictum, or "statements by the way," refers to remarks or observations made by the court in
a judgment that are not directly relevant to the central issue or necessary for the decision.
- Unlike the ratio decidendi, obiter dicta are not binding on future cases and do not form part of the
legal rule or principle established by the precedent. They are considered incidental or peripheral to
the main reasoning of the decision.
- While obiter dicta may offer insights, opinions, or suggestions on legal matters, they do not have
the same precedential value as the ratio decidendi. Lower courts are not obliged to follow obiter
dicta when deciding subsequent cases, although they may consider them persuasive or informative.
In summary, precedent in law refers to the principle that decisions made in previous cases serve as
binding authority for future cases with similar facts and legal issues. Legal rules are created by
precedent through the doctrine of judicial precedent, whereby courts follow and apply the legal
principles established in earlier decisions. The key components of a judicial decision that contribute
to the creation of legal rules by precedent are the ratio decidendi, which represents the binding legal
principle or rule of law, and obiter dicta, which are incidental remarks or observations that are not
binding on future cases.
QUES 10 What is proof reading? What is the use of marginal marks and their explanations?
Describe
Proofreading: An In-Depth Exploration
Proofreading is a critical step in the writing process that involves carefully reviewing written material
to identify and correct errors in spelling, grammar, punctuation, syntax, and formatting. It is a
meticulous process that ensures written documents are accurate, clear, and polished before they are
finalized and distributed to readers. In this comprehensive exploration of proofreading, we will delve
into its importance, techniques, common errors, and best practices.
Importance of Proofreading:
Effective communication relies on accurate and error-free writing. Whether it's a professional
document, academic paper, marketing material, or personal correspondence, presenting polished
and error-free content enhances credibility, professionalism, and clarity. Proofreading plays a crucial
role in achieving these objectives by:
1. Ensuring Accuracy: Proofreading helps catch spelling mistakes, grammatical errors, and typos
that can undermine the accuracy and credibility of written material.
2. Enhancing Clarity: By reviewing sentence structure, punctuation, and syntax, proofreading
helps improve the clarity and coherence of written communication, making it easier for
readers to understand and follow.
3. Maintaining Professionalism: Errors in written communication can reflect poorly on the
author or organization, suggesting carelessness or lack of attention to detail. Proofreading
ensures that written material maintains a professional and polished appearance.
4. Building Trust: Error-free writing instills confidence in the reader and fosters trust in the
author or organization. By demonstrating a commitment to quality and accuracy,
proofreading helps build trust and credibility with the audience.
Effective proofreading requires a systematic and methodical approach. Here are some techniques to
help streamline the proofreading process and ensure thoroughness:
1. Take Breaks: To maintain focus and objectivity, take regular breaks during the proofreading
process. Fatigue and familiarity with the text can lead to oversight, so stepping away and
returning with fresh eyes can help identify errors more effectively.
2. Read Aloud: Reading the text aloud can help identify awkward phrasing, grammatical errors,
and punctuation issues that may not be apparent when reading silently. Hearing the words
spoken aloud can highlight inconsistencies and improve overall readability.
3. Use Tools: Utilize spelling and grammar checkers, as well as proofreading software, to help
identify common errors and inconsistencies. While these tools are not foolproof, they can
serve as valuable aids in the proofreading process.
4. Focus on One Element at a Time: To avoid feeling overwhelmed, focus on one aspect of
proofreading at a time, such as spelling, grammar, punctuation, or formatting. By breaking
the task into smaller, manageable components, you can ensure thoroughness and accuracy.
5. Review Multiple Times: Proofreading is an iterative process, and it's essential to review the
text multiple times to catch errors and inconsistencies. Each pass should focus on a different
aspect of proofreading, such as content, structure, or style, to ensure thorough coverage.
Common Errors in Proofreading:
Despite careful attention to detail, certain errors are more prone to occur during the proofreading
process. Understanding these common pitfalls can help proofreaders identify and address them
effectively:
1. Spelling Mistakes: Spelling errors are among the most common types of mistakes found in
written material. They can result from typographical errors, homophones, or inconsistencies
in spelling conventions.
2. Grammar and Syntax Errors: Grammatical errors, such as subject-verb agreement, tense
consistency, and sentence structure, can detract from the clarity and coherence of written
communication.
3. Punctuation Errors: Incorrect or inconsistent use of punctuation marks, such as commas,
periods, and apostrophes, can alter the meaning of a sentence and confuse readers.
4. Word Choice and Usage: Choosing the wrong word or using words incorrectly can lead to
ambiguity, awkward phrasing, and misunderstanding. Proofreaders should pay close
attention to word choice and usage to ensure clarity and precision.
5. Formatting and Style Consistency: Inconsistencies in formatting, such as font size, spacing,
indentation, and alignment, can detract from the overall professionalism and readability of
written material.
To maximize the effectiveness of proofreading and ensure the highest quality of written
communication, it's essential to adhere to best practices and guidelines:
1. Allow Sufficient Time: Proofreading requires time and attention to detail, so allocate
adequate time for the process to ensure thoroughness and accuracy.
2. Seek Feedback: Whenever possible, seek feedback from colleagues, peers, or trusted
reviewers to gain additional perspectives and identify areas for improvement.
3. Be Systematic: Develop a systematic approach to proofreading that covers all aspects of
written communication, from spelling and grammar to formatting and style consistency.
4. Stay Organized: Keep track of changes, corrections, and revisions using annotation tools,
comments, or tracking features to maintain clarity and transparency throughout the
proofreading process.
5. Continuously Improve: Reflect on your proofreading process and identify opportunities for
improvement. Learn from mistakes and feedback to refine your skills and enhance your
effectiveness as a proofreader.
Conclusion:
Proofreading is a critical step in the writing process that ensures accuracy, clarity, and
professionalism in written communication. By carefully reviewing written material for errors in
spelling, grammar, punctuation, syntax, and formatting, proofreaders play a vital role in enhancing
the quality and effectiveness of written communication. By understanding the importance of
proofreading, employing effective techniques, avoiding common errors, and adhering to best
practices, writers and communicators can ensure that their messages are clear, accurate, and
impactful.
This comprehensive exploration of proofreading and the use of marginal marks should provide a
thorough understanding of the topic, covering its importance, techniques, common errors, and best
practices.
An annual calendar containing important dates and statistical information such as Almanac
astronomical data and tide tables
A cold-blooded vertebrate animal that is born in water and breathes with gills Amphibian
A story, poem, or picture that can be interpreted to reveal a hidden meaning, typically a Allegory
moral or political one
An examination of tissue removed from a living body to discover the presence, cause or Biopsy
extent of a disease
The action or offence of speaking sacrilegiously about God or sacred things; profane talk Blasphemy
A position requiring little or no work but giving the holder status or financial benefit Sinecure
Denoting a sin that is not regarded as depriving the soul of divine grace Venial
A system of government in which most of the important decisions are taken by state Bureaucracy
officials rather than by elected representatives
A system of government by the whole population or all the eligible members of a Democracy
state, typically through elected representatives
A state or country run by the worst, least qualified, or most unscrupulous citizens Kakistocracy
An institution for the care of people who are mentally ill Asylum
A collection of items of the same type stored in a hidden or inaccessible place Cache
A room in a public building where outdoor clothes or luggage may be left Cloakroom
Nursery where babies and young children are cared for during the working day Creche
The nest of a squirrel, typically in the form of a mass of twigs in a tree Drey
A room or building equipped for gymnastics, games, and other physical exercise Gymnasium
A storehouse for threshed grain Granary
A large building with an extensive floor area, typically for housing aircraft Hangar
A box or cage, typically with a wire mesh front, for keeping rabbits or other small Hutch
domesticated animals
A place in a large institution for the care of those who are ill Infirmary
A building or buildings occupied by a community of monks living under religious vows Monastery
A small kitchen or room at the back of a house used for washing dishes and another dirty Scullery
household work
One who does a thing for pleasure and not as a profession Amateur
A person who is blindly devoted to an idea/ a person displaying aggressive or exaggerated Chauvinist
patriotism
A leader or orator who espouses the cause of the common people Demagogue
A person who is primarily concerned with making money at the expense of ethics Mercenary
A person who shows a great or excessive fondness for one’s wife Uxorious
One who possesses outstanding technical ability in a particular art or field Virtuoso
This table highlights the one word substitution pdf for words related to murder or death.
A phrase or form of words written in memory of a person who has died Epitaph
A person who composes the sequence of steps and moves for a performance of Choreographer
dance
The use of the fingers and hands to communicate and convey ideas Dactylology
The branch of science concerned with the origin, structure and composition of rocks Petrology
The scientific study of the behaviour, structure, physiology, classification and Zoology
distribution of animals
Hence, given below are a few sample questions on one word substitution asked in various
government examinations.
Directions – In questions given below, out of the four options, pick the one which can be substituted
for the given words/ sentence.
1. Judiciary
2. Executive
3. Court
4. Legislature
1. Autobiography
2. Topography
3. Flexography
4. Biography
1. Saint
2. Teetotaller
3. Forestaller
4. Vegetarian
1. Elocution
2. Dialogue
3. Extempore
4. Dialect
Q.5. A disease which attacks many people in a particular area in one time
1. Epidemic
2. Pandemic
3. Sardonic
4. Academic