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Legal Terms
Legal Terms
1. Ab initio – from the beginning – contracts with minors are void ab initio
VAT has become void after GST, also GST has loopholes ab initio
2. Actus reus - guilty act [also an omission] – Falder’s actus reus was forging the cheque.
Three were booked for omission of performing their duty to make people metal free,
Court fee in civil suit. Property tax. Import duty on foreign products. Home loan
5. Ad idem- meeting of mind/of the same mind – the board of directors in apple came to
the consensus ad idem that the best option for the company was to throw out Steve
regicide [killing of king], the assassin was made to give an amende honourable.
7. Audi alteram partem- hear the other side – it is the responsibility of a judge to audi
alteram partem. Maneka Gandhi. Jay amit shah case, wherein injunction order was
passes that no media can publish any info on this matter. 20 AAP
8. Animus possidendi- intention to possess – under the NDPS Act, a person will be held
border dispute-
9. Animus deserendi- intention to dessert – Ruth Honeywell, Armed forces, woman
living separately do not have animus deserendi but if man is living separately he do
10. Animus furandi- intention to steal– In order to constitute a crime of larceny, the thief
must take the property animus furandi. IPR , copyrights, piracy, Lalu Prasad Yadav
11. Ambiguitas latens – a hidden ambiguity– prima facie, the crime scene seemed normal,
but the evidence presented ambiguous latens. Death of Subhash Chandra Bose. Sheena
Bora Murder case regarding the role of Peter Mukherjee
12. Ambiguitas patens- a patent ambiguity – A request for arbitration, if characterized by
ambigouos patens, then the arbitral award rendered pursuant to the arbitration
aside under the New York convention. Aarush Talwara murder case, who came in n8,
13. Compos mentis- of composed mind – for a contract to be valid, both parties should be
of compos mentis.
14. Non – compos mentis- not of composed mind – a defense of non – compos mentis, if
successfully raised can waive guilt; Falder pleaded non-copos mentis for his crime of
forgery.
15. Cestui que trust – beneficiary of trust– The public is cestui que trust of the Nani A.
16. Causa remota – remote cause– in a contract for marine insurance, damages are insured
17. Causa proxima- proximate/immediate cause – As above. Hookah in Mumbai bar. The
18. Causa causans – cause of a cause– Demonetisation is the causa causans of the
21. De jure- by way of law – China is a de jure democracy, Boundary b/w india and
22. De novo- begin anew – in the lights of the new evidence which surfaced the trial began
24. Doli incapax – incapable of commission of crime– according to sec. 82 of the IPC a
27. Ex officio – by reason of office– vice president is the ex officio chairman of the Rajya
Sabha.
28. Ex parte – with respect to or in the interests of one side only or of an interested outside
29. Ex post facto – from after the fact – the constitution has prohibited the parliament
lawsuits.
31. Expatriation – from the fatherland – Edward Snowden was expatriated after the
whistleblowing incident.
32. Extradition ––. Malya and lalit Modi
36. Functus officio [person, office]/res judicata[matter] – having performed his duty– Ad
hoc committees of parliament become functus officio after discharging their duty.
Superannuation.
37. Felo de si – a felony to himself– In medieval England, the property of one guilty of
38. In Camera – in the chambers– The press demanded that the Nirbhaya case be held in
Rectus in curia- proved right in court. A Raja of 2g case. Modi in 2002 case.
40. In loco parentis/guardian ad litem – instead of parents– Previously, NLUJ required you
41. Intra vires – within the jurisdiction– it is intra vires for a district court to try cases up to
20,00,000
42. Ultra vires – outside the jurisdiction– it is ultra vires for a district court to try cases
over 20,00,000
43. In toto – in totality– the BCCI is to implement the Lodha committees order in toto.
JS verma committee, 7th pay commissio, padmavat related orders of SC were not
implemented in toto
44. Intestate – to die without a will– Abraham Lincoln died intestate. Jaylalita
Testate-
Testator-
Testatrix-
Probate-
45. Inter vivos – among living things– A marriage contract is inter vivos.
46. In articulo mortis – dying declaration– Nirbhaya’s testimony was in articulo mortis.
47. Inter alia – among other things– Nusli Wadia is suing Ratan Tata for defamation inter
alia.
48. Ipso Facto – by way of fact– Leaving a knife inside the patients stomache, ipso facto
49. Lex loci – law of the land– Demonetization of the 500 and 1000 notes is the lex loci of
India.
50. Lex fori – law of the court– CPC, inter alia, prescribes the lex fori in India
51. Locus in quo – the place at which – The locus in quo the murder happened was
52. Locus Standi – where one stands/The right or capacity to bring an action or to appear
in a court. – PIL’s do not require a locus standi. Cyrus mistri-was not having the locus
54. Mala praxis - malpractice– booth capturing is a sign of mala praxis by the politicians.
55. Malo animo – evil intent– James How felt that Falder’s act of forgery was done malo
animo, but he pleaded that it was done with no mala fide intentions. Mala animo is a
57. Modus Operandi – mode of operation- Jack the Ripper’s modus operandi was to
murder prostitutes.
If India goes out for a policy of one nation one election there will be moratorium
60. Mutatis Mutandis – the necessary changes having been made/to change to change–
when strict liability was adopted in India, it was mutatis mutandis to absolute liability.
malfeasance.
62. Non culpabilis – plea of not guilty– O. J. Simpson pleaded non culpabilis in his trial.
64. In medias Res – In the middle of action – In the Jessica Lal case, the witness turned
65. Pacta sunt servanda – Pacts must be respected – Contracts are formed on the basis of
the authors work 60 years post mortem aucteris; Mario Puzo’s book Omerta was
67. Parequal dilectum – Equal fault – Compensation in a civil suit cannot be granted if both
68. Pariequal Passu – On equal terms – The seat in an arbitration conflict is in a place where
69. Per annum(year)/ per diem(day)/ Per capita(head) – Every year – the highest salary
70. Per pro(curationem) - On behalf of – The surety clears the debts per pro of the
72. Patrimony – Inherited from the father – Saif Ali Khan received the title of Nawab of
73. Patricide – Killing of one’s father – Nathuram Godse act of killing Mahatma Gandhi
74. Parricide – Killing of elders – The death of Bhishma amounted to parricide by Arjuna.
75. Matricide – Killing of one’s mother – Roman emperor Nero committed matricide.
79. Regicide – Killing of one’s King – In Bhutan, Prince Dipendra committed regicide
80. Deicide – Killing of a deity – The death of Jesus Christ is considered as Deicide.
81. Prima Facie – On first glance – Prima facie, the facts pointed towards a suicide but it
82. Pro Tempore/ ad hoc – Temporary(tenure)/ for a purpose – Ad hoc committees of the
83. Persona non grata/ Persona grata – Unacceptable person/ Acceptable person –
Apartheid is based on the division between persona grata and persona non grata.
84. Plebiscite – Voting for vital issues – David Cameroon expected the results of the
85. Referendum – Voting for particular laws or statutes – A referendum was held in
Greece on whether to accept the bailout conditions laid down by the Troika.
86. Publici juris – Right to all – Universal adult franchise is publica juris. Trademark
London Dairy v London Derry -2016 case – Trademark protection can’t be given.
87. Quid pro quo – something for something – The barter system is based on quid pro quo.
declaration scheme
Moratorium Delay/postponement
in fulfilment of a
legal obligation.
88. Raison de’itre – Reason for being – The Raison de’itre for Fundamental rights is to
preserve the freedom and dignity of all citizens. UN is present to maintain peace and
89. Stare Decisis – Let the decision stand/to stand by decision – In Gajanan Lande v.
Sanjay Dhotre, it was held to stare decisis. Art 141 And 142. Horizontal and vertical.
Bacchan singh v state of Punjab. 11 Judges said that they have a per incuriam decision
90. Res Judicata – A matter already adjudged – Double jeopardy goes against the doctrine
RTI
91. Res Privatae – Things private – The proceedings of cases held in camera are res
privatae
92. Res Publica – Things Public – The proceedings of cases held in curia are res publica.
93. Res Gestae - the events, circumstances, remarks, etc. which relate to a particular case,
95. En banc – Full bench – Kailash Sharma v. State of Rajasthan was an En Banc case.
96. Escheat – reversion of unclaimed property to the state – In medieval times, a person
97. Estoppel – Once a legal position is taken, then you cannot move away from it -
Central London Property Trust Ltd v High Trees House Ltd is a case of promissory
estoppel.
98. Recusal – refusal of the judge to hear a trial for particular reasons – If a judge feels he
conviction but does not plead or admit guilt – In Halbert v. Michigan, the defendant
100. Repeal – Removal or reversal of law – Sections 76-123 of the ICA have been
101. Solatium ex gratia - compensation - After the loss of MH370, the Malaysian
102. Sunset provisions – Each law, provision or statute that have an expiry – Reservation
2. In Camera & In In the chambers/ In The press demanded that the Nirbhaya case
curio open court be held in curio, but it was held in camera.
4. In rem Against the world Rights associated with property are rights in
rem.
5. Intra vires Within the jurisdiction It is intra vires for a district court to try cases
up to 20,00,000
8. Ipso facto By the fact itself Travel and transaction are ipso facto
impossible without Aadhar.
9. De facto By way of fact Sonia Gandhi was the de facto head of govt.
10. Lex loci Law of the land In a contract, lex loci gives the construction,
and lex fori its execution.
11. Lex fori The law of the forum The ICJ has its lex fori
12. Lex arbitri Law of the arbitration The arbitration parties search the lex arbitri
forum to see that nothing is in their detriment.
13. Locus (refers to The place where one U.S. had no locus standi of intervening in
place) standi stands/ The ability to Iraq and Afghanistan.
show sufficient
Cyrus P. Mistry’s petition was rejected
connection to prove
because of a lack of a locus standi.
litigation coming to
court
14. Locus in quo Place in which and Birla House was the locus in quo for the
place at which assassination of Mahatma Gandhi
15. Male dictum Bad Word The use of male dicta to garner political
victory is commonplace in India
Means: Abuse, insults,
allegations The usage of male dicta by Mani Shankar
Aiyar was the turnaround moment in the
Gujarat elections.
16. Male praxis Malpractice PWC accountants are regular in using mala
praxis to alter the accounts of big
companies.
allergic to a medicine.
the government
17. Malo animo Evil intent (mostly in Falder had malo animo of committing the
cases of forgery) forgery in the office.
20. Modus operandi Method of operation Jack the Ripper’s modus operandi in killing
a victim always included a month of
observation.
21. Modus vivendi Way of living/ Agree In India, the three language settlement was a
to disagree/ Temporary modus vivendi during the language dispute.
settlement of a dispute
For the Cauvery Water Dispute, the modus
vivendi was agreed upon by all 3 states and
Pondicherry.
24. Ad colligenda To collect the goods ( Any unattended goods in an airport will be
bona ad colligenda bona by the airport authorities
26. Ad litem For the case/ suit/ In Scottish law, curator ad litem (appointed
litigation by a court to represent, during legal
proceedings, the best interests of a person
who lacks the mental capacity to make
decisions for themselves) is equal to
guardian ad litem in Indian law.
27. Ad idem Meeting of mind/ of The board of directors in apple came to the
the same mind consensus ad idem that the best option for
the company was to throw out Steve Jobs.
29. Audi alteram Hear the other side Principle of audi alteram partem was
partem violated in Maneka Gandhi.
EC did not adhere to the principle of audi
alteram partem when they dismissed AAP
MLAs
30. Animus deserendi Intention to desert Professor Damle always had animus
deserendi towards Benare .
31. Animus Intention to possess Under the NDPS Act, a person will be held
posidedndi guilty for possession of a contraband
substance irrespective of animus possidendi
32. Animus furandi Intention to steal In order to constitute a crime of theft, the
thief must take the property animus furandi.
34. Ambiguitas latens A hidden ambiguity Prima facie, the crime scene seemed normal
but the evidence presented ambiguitas latens
35. Compos mentis Of composed mind For a contract to be valid, both parties
should be compos mentis.
36. Non–compos Not of composed mind Falder pleaded non-compos mentis for his
mentis crime of forgery.
37. Cestui que trust Beneficiary of trust The public is cestui que trust of the Nani A.
Palkhivala Memorial Trust.
38. Causa remota Remote cause In a contract for marine insurance, damages
are insured for causa proxima and not causa
remota.
39. Causa proxima Proximate/ immediate In a contract for marine insurance, damages
cause are insured for causa proxima and not causa
remota.
40. Causa causans Cause of the cause Demonetisation is the causa causans of the
economic turmoil in the country.
41. Causa sine qua cause without which The causa sine qua non for the French
non not revolution was the storming of the Bastille.
42. De bonis non Of goods not The owner of de bonis non administrates
administratis administered goods is the government.
43. De jure By way of law Manmohan was the de jure head of govt.
44. De novo Begin anew In light of new evidence, trial began de novo
regarding S.377.
De facto By way of fact Sonia Gandhi was the de facto head of govt
during the UPA regime.
45. Doli capax Capable of committing Under IPC, a minor in the age group of 7 to
a crime. 12 years is doli capax if he is aware of the
nature of the crime.
46. Doli incapax Incapable of According to S.82 of IPC, a minor below the
committing a crime. age of 7 is doli incapax.
50. Ex post facto From after the fact The constitution has prohibited the
parliament from enacting laws with ex post
fact effect.
53. Expatriation From the fatherland Edward Snowden was expatriated after the
whistleblowing incident.
54. Factum Proposition (what has Gandhi had said that factum probans is more
probandum to be proved) End important than factum probandum.
55. Factum probans Evidence through Gandhi had said that factum probans is more
which it is proved important than factum probandum.
Means
Arushi Talvar case- there was lack of factum
probans to prove the factum probandum.
56. In forma pauperis In the form of a Order 33 and 34 of CPC empower the courts
pauper/ beggar to let indigent people appear with a counsel
as in forma pauperis.
57. Functus officio/ having performed his Ad hoc committees of parliament become
[person, office]/ duty functus officio after discharging their duty.
res
judicata[matter]
61. Mutatis Mutandis With necessary Judges take precedents mutatis mutandis
changes in detail
State Human Rights Commission adopts
guidelines the principles of NHRC via
mutatis mutantis.
62. Malfeasance Active degree of Lalu Prasad Yadav’s fodder scam was
wrongdoing malfeasance.
64. Non-feasance Not doing the needful Fire brigade not going to a fire.
65. Non culpabilis Plea of not guilty O. J. Simpson pleaded non culpabilis in his
trial.
66. Pacta sunt Pacts must be Contracts are formed on the basis of pacta
servanda respected sunt servanda.
67. Pari Passu On equal terms Creditors on equal footing after bankruptcy
of the debtor.
68. Propria persona Done for person When testimony is required, you’ve to be
himself present propria persona.
69. Per pro On behalf of another Marie Antoinette got married to Louis XVI
per pro and not propria personam
71. Mariticide Killing of one’s The Black Widows of Liverpool were hung
husband for committing mariticde
77. Sororicide Killing of sister Khap Panchayats order honor killings which
are brutal cases of sororicide
78. Genocide Mass killing/ Killing The genocide in Germany during WWII was
of a race/ ethnicity the worst genocide the world has ever
experienced.
79. Pro bono publica For public work Salman Khan’s Being human foundation
was set up pro bono publica
80. Plebiscite Voting for vital issues Direct voting systems – Introduced by
Napoleon- Issue of annexation, sovereignty,
constitution- Issues of Nation good.
81. Referendum Voting for particular Scottish referendum to severe ties with UK
laws or statutes and they voted in favour of remaining in the
UK.
82. Persona grata/ An acceptable person/ When diplomat caught trafficking drugs,
Persona non An unacceptable Devyani Khorbragade was declared persona
grata person non grata recently
84. Patrimony Inheritance from father Indira Gandhi received the Congress throne
as patrimony.
85. Alimony- Maintenance money Earlier, only given from husband to wife.
given from one spouse There can’t be a legal tender. NRI husbands
to another. running away promising alimony.
87. Par delictum Equal fault on both Mostly used when court denies relief to one
sides party.
88. Prima facie – On the face of it/ First Jai Amit Shah’s article in The Wire was
appearance. prima facie defamatory but was based on
strong legal premise
89. Pro tempor/ ad For the time being - Pro tem speaker helps in the appointing of
hoc Tenure/ Temporary but the ministers of the State
for a purpose- Nature
Ad hoc appointments of paramedical staff –
When on ad hoc – you’ve no rights.
90. Per annum/ Per Per year/ Per day/ Per Interest rate on loans/ MGNREGA/ GDP
diem/ per capita heads.
91. Pro bono For public good/ of Modicare is a pro bono measure by which
public good. 10 cr. people get a 5 lakh benefit per year.
92.
105.