SH

HAH LANCOL
Seme Jter: LA.
ng uj LAW SECTION
LIBRARY

A7NEDABAD
II1LEGAL TERMS
Abandon:

To intentionally and permanently give up, surrender, ieave, desert, or relinquish

all interest or ownership in property, a home or other premises.

Abscond: t Utel E2ril,ti( qau2,auel Au auard ne)

9.

traditionally to leave a jurisdiction (where the court, a process server or law

enforcement can find one) to avoid being served with legal papers or being
arrestedd

Accord:

An agreement that settles a dispute, generally requiring an obiigee to accept a

compromise or satisfaction from the obiigor with something less than what was
originally demanded.

Acquiescence: llBurA

The Indication of agreement or consent by permitting things to be done or

claims to be made without objection

Adinterim: As úr2la qUUT,34AAIG

"in the time between" denotes the meaning of "in the meantime, for an
intervening time" or "temporarily"

Bona fide: ll si0s ayisj,aga ai

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In good faith; genuine; not intending to deceive.

Caveat Emptor: a2 u22 uleuz ugu

Let the buyer beware; the principle that the buyer is responsible for examining
merchandise and judging its quality before buying it.

Capricious: šAPxa

Arbitmary and capricious order of a lawer count can be challenged

before high court.
Characterized by or subject to whim; impulsive and unpredictable.

Causus OmissuS
An omitted case

Cypres:UA

As near; as near as possible; the doctrine thatif a bequest is illegal or

impossible, the court will try to replace it with one as close to the testator's
intentions as possible

Codicil: tAa 2ell alRAHt

An addendum to a will, modifying, adding to, revoking, or explaining portions of

the original document.

Coparcenery: si4il Asull AHi@It AqE

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 A.S
COLL
COLLE
LEG
LAW
ICN m
Ll

AHME
9
is the concept whereby two or more people inherit a title equally between themn
as result of
a which none can inherit until all but one have renounced their right
to the inheritance

Damage and damaqes: Hs HOA

Physical harm; injury. Money awarded as compensation for injury or loss

De novo:lü

startingagain at ne beginning; doing something a second time as if the first

time had not occurred.

Domicile:

A legal home; the country or state that a person considers his or her permanent
residence, even if he or she is living elsewhere; the place where a corporation
conducts its affairss

A second prosecution for an offense after the defendant has already been tried
for it and acquitted; prohibited by the Fifth Amendment of the Constitution.

Endowment:_-iÀ-2 ut at

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A fund granted to support something, usually an institution such as a university
or charity.

Frivolous and Vexatious: laaa s AsAa

3AU4A 1el.

Unimportant; not serious; lacking in substance; presenting no legitimate legal

question Troublesome; annoying; worrisome.

Heridatory: eel

Transmittable through or based on inheritance.

Juvenile Delinquency:Auáa 3lael

1 all us e*ri ani Jl sè à a2L.siet se rn
[Juvenile Justice (care
al
and protection) of children Act,2000] u Uni 4à "Juvenile in conflice
with law'sEL uÀ iaHi uaai auni 4suHi >uaa JAu? a dH 34
.mà s
a person who is under age (usually below 18), who is found to have committed a
crime in states which have declared by law that a minor lacks responsibility and
thus may not be sentenced as an adult.

Legum Baccalaureus: dlu AsAURa Ei tts Hè qu àk-t as6.Àsl ay

Bachelor of Laws (abbreviated LL. B., LL.B., LLB)

Lunatic:etks

q-H2 d "Lunaties"sèani uà .
"Lunatic" is an informal term referring to people who are considered mentally il,
dangerous, foolish or unpredictable; conditions once called lunacy

Reciprocal: Asa

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Mutual; affecting both parties equally; done in return for something.
Onerous: 12A UA34 (taa),uRzt (
a2rt, s2 4)
Oublesome or oppressive; burdensome

Pro bono Publico:u iù uaa

For the interest of general public

Quid Pro Quo: il: al sal

An equal exchange or substitution.

Ratification: k 441, dil, 4qHlt,Hgl

Ratification is a principal 's approval of an act of its agent where the agent
Confirmation, authorizing subsequent what has been already done previously
without authority.

Rescind Contract: l4ls arzs2

To declare a contract void-of no legal force or binding effect-from its inception

and thereby restore the parties to the positions they would have occupied had
no contract ever been made.
Ruleabsolute: 3a ieiege

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A rule absolute is an order that can be enforced at once, in contradistinction to a
rule nisi, which commands the opposite party to appear on a day therein named
and show cause why he should not perform the act or submit to the terms
therein set forth. In default of his/her appearance or showing good cause, the
rule is made absolute.

Sub Judis: H Zla

Under a judge; under consideration by a court.

Submission: tlan MAt, 2t

2Lt-aE)

submissions the acknowledgement of the legitimacy of the power of one's

superior or superiors.

Subrogation:aiu ed,sil 3 Èaui äieoiki As alGa-l 2saul aMal

9
The substitution of one person for another with respect to an obligation, legal
claim, or debt, with the substituted person assuming all duties of payment or
performance and all rights that accompany the claim. V. subrogate.

Testamentary: 221H-2l aAd ail

There can be testamantary as well as intestate succession

Related to or given by a wil

Tenure:èR
A period during which something is held

Undue Influence: 1 dH*q

Gea s9.
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Excessive or improper influence exerted on a person writing a will or giving away
property by someone who wants to take away the person's free will and
dominate the action; influence that interferes with someone's free will or
judgment and subjugates it to someone else's wishes.

Vakalatnama: atelrt-uj

An authority in writing by litigant to his Lawyer. Vakalatnama is the urdu

termn
which means the a person gives power to an advocate of his choice to plead and
argue his case on his behalf. The procedure for filing vakalatnama is the person
signed on it and the names of advocates appear on it.

Valuable Security àgt AiRA

Section 30 of Indian Penal Code: Valuable security

a
The words "valuable security" denote a document which is, or purports to be,
document whereby any legal right is created, extended, transferred, restricted,
extinguished or released, or where by any person acknowledges that he lies
under legal liability, or has not a certain legal right.

Verdict: adlse

A jury's or judge's finding on a question of fact, to be used by the court in

determining its final judgment.

Vicarious Liability:_uDSi4A AHoladlalaAAra: %qUAEL

(H4ni suEl Aaid)

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Liability imposed on one person for the actions of another based on a
relationship between them, such as that between a principal and an agent

Viva voce; HAL A

By word of mouth: a report submitted viva voce; a viva voce examination.

Void and voidable: qids irs ASIAa Eta (ai) >A 2EMt4 aat 4 (
44l4)

Invalid; not legally binding; ineffective; empty.. To declare something legally

invalid. Able to be annulled or voided due to some irregularity or problem, but
valid until that happens.

[B] Legal Maxims

Actio Personalis Moritur cum Persona

Actio personalis moritur cum persona is a Latin expression meaning a personal

action dies with the person.Some legal causes of action can survive the death of

the claimant or plaintiff, for example actions founded in contract law. However,
some actions are personal to the plaintiff, defamation of character being one
notable example. Therefore, such an action, where it relates to the private
character of the plaintiff, comes to an end on his deat.

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Actus Non Facit, Reum, Nisi Mens Sit Sea

vg laul seEIHÍ sRRoii šani eua sea Hè audi alaudù nesad-Juled Htt

kpactus non facit reum nisi mens sit rea, which means "the act does not
make a person guilty unless the mind is also guilty". Thus, in jurisdictions
with due process, there must be an actus reus accompanied by some level
of mens rea to constitute the crime with which the defendant is charged. As
a general rule, criminal liability does not attach to a person who acted with
the absence of mental fault. The exception is strict liability crimes.
In civil law, it is usually not necessary to prove a subiective mental element
to establish liability for breach of contract or tort. However, if a tort is
intentionally committed or a contract is intentionally breached, such intent
may increase the scope of liability as well as the measure of damages
payable to the plaintiff.
Therefore, mens rea refers to the mental element of the offence that
accompanies the actus reus. In some jurisdictions, the terms mens rea and
actus reus have been replaced by alternative terminology.

2. Delegates non potest delegare

GHuHs sea4 3,[Sub- delegation à as aGtA 4la aa art ivauai

The principle delegata potestas non potest delegari (Latin) states that 'no
delegated powers can be further delegated'. Alternatively, it can be stated
delegatus non potest delegare, 'one to whom power is delegated cannot
himself further delegate that power

3. Damnum Sine Iniuria EssePotest

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 The term "damnum sine injuria" is more properly stated "damnum sine
injuria esse potest". It means "There may be an injury inflicted without any
act of injustice." There is another term like it that is "damnum absque
injuria", which means damage or harm without an injury in the legal sense.
In other words a loss or injury to someone which does not give that person
a right to sue the person causing the loss.

4. Ex Nudo Pacto Non Oritur Actio

EX nudo pacto non oritur action is a Latin phrase. It means 'no right of
action arises from a contract entered into without consideration.' A cause of
action cannot be based upon a mere promise or bare agreement, without a
legal consideration.

31srl 1il.
Ex turpi causa non oritur actio (Latin for "from a dishonorable cause an
action does not arise") is a legal doctrine which states that a claimant will
be unable to pursue a cause of action if it arises in connection with his
own illegal act. Particularly relevant in the law of contract, tort and
trusts,ex turpi causa is also known as the "illegality defence", since a
defendant may plead that even though, for instance, he broke a contract,
conducted himself negligently or broke an equitable duty, nevertheless a
claimant by reason of her ownillegality cannot sue.

7. Falsus In Uno Falsus In Omnibus ècat b G+l Èadn 2lma

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 Falsus in Uno, Falsus in Omnibus whereunder if a portion of the statement
given by witness is found to be false, the entire statement of witness is
rejected. However the law of evidence in India is otherwise, as it does not
follow this doctrine and instead requires the judge to ascertain the portion
of the evidence which is correct and based thereon decide the matter.
In Ugar Ahir & Ors. v. State of Bihar, AIR 1965 SC 277, this Court held as
under:-
"The maxim falsus in uno, falsus in omnibus (false in one thing, false in
every thing) is neither a sound rule of law nor a rule of practice. Hardly one
comes across a witness whose evidence does not contain a grain of untruth
or at any rate exaggerations, embroideries or embellishments. It is,
therefore, the duty of the court to scrutinise the evidence carefully and, in
terms of the felicitous metaphor, separate the grain from the chaff. But, it
cannot obviously disbelieve the substratum of the prosecution case or the
material parts of the evidence and reconstruct a story of its own out of the
rest."

Ianorantia Facit Excusact Iqnorantia Juris Non Excusat (Tanorance

8. Legis Neminem Excusant)2

Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin

for "ignorance of the law does not excuse" or "ignorance of the law
excuses no one") is a legal principle holding that a person who is unaware
of a law may not escape liability for violating that law merely because he
or she was unaware of its content

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 9. In Jure Non Remota Causa, Sed Proxima Spectatus

It is a latin phrase which means "In law not the remote but the proximate
cause is looked at."

10. Iniuria Sine Damno

A legal wrong that causes no actual damage or injury to anyone

[C] Legal Maxims

In bonam partem

bonam mens 'good'. There is a legal phrase 'in bonam partem, which means
In bonbam partem adv. [L. in into, to, against, for (1) bonam good (2):partem
side, part (3): into (or for) the good part.] In a favourable manner. To the
advantage. In case of ambiguity or doubt, the evidence should be interpreted in
bonam partem of the acCused. See in bona parte. Cf in mala parte.
The LEGAL TERMINOLOGY is that words used in the statute are to be taken in
their lawful sense, i.e., legitimate and recognised by the law.

O Nemo Dat Quod Non Habet

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Nemo dat quod non habet, literally meaning "no one gives what he doesn't
have" is a legal rule, sometimes called the nemo dat rule, that states that the
a
purchase of possession from someone who has no ownership right to it also
denies the purchaser any ownership title. This rule usually stays valid even if the
purchaser does not know that the seller has no right to claim ownership of the
object of the transaction (a bona fide purchaser); however it is often difficult for
courts to make judgments as in many cases there is more than one innocent
party. AS a result of this there are numerous exceptions to the general rule
which aim to give a degree of protection to bona fide purchasers as well as
original owners.

Novus Actus (Or Causa) Interveniens

Novus actus interveniens is a Latin term which means a new intervening act. It
is an act or event that breaks the causal connection between a wrong or crime
committed by the defendant and subsequent happenings. The new event
relieves the defendant from responsibility for the happenings. The term is
different from nova causa interveniens, which means a new intervening cause.

Qui Facit Per Alium Facit Per Se

KaunELl-à Aieai ve aae d.u aal -ùsa a -üsd-i ieclii sèa it Hè Hllas

Qui facit per alium facit per se is a Latin legal term meaning, "He who actss
through another does the act himself." It is a fundamental maxim of the law of

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agency. This is a maxim often stated in discussing the liability of employer for
the act of employee."
According to this maxim, if in the nature of things the master is obliged to
perform the duties by employing servants, he is responsible for their act in the
same way that he is responsible for his own acts.

Res Ipsa Loquitu

In the common law of negligence, the doctrine of res ipsa loquitur (Latin for "the
thing speaks for itself") states that the elements of duty of care and breach can
be sometimes inferred from the very nature of an accident or other outcome,
even without direct evidence of how any defendant behaved. Although modern
formulations differ by jurisdiction, the common law originally stated that the
accident must satisfy the following conditions:

1. A "duty" exists for a person to act "reasonably"; and

2. A "breach" of this duty occurs because a person [or agency, etc.] acted
Outside this duty, or "unreasonably"; and
There was "causation in fact"..the result would not have occurred "but
for" the "breach" of this duty;
4. There was actual legally recognizable harm suffered by the plaintiff who
did nothing wrong (i.e., no contributory negligence).

Upon a proof of res ipsa loquitur, the plaintiff need only establish the remaining
two elements of negligence-namely, that the plaintiff suffered harm, of which
the incident result was the legal cause.

Respondeat Superior

Respondeat superior (Latin: "let the master answer"; plural: respondeant

superiores) is a legal doctrine which states that, in many circumstances, an
employer is responsible for the actions of employees performed within the
cOurse of their employment. This rule is also called the "Master-Servant Rule",
recognized in both common law and civil law jurisdictions.

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 HLAWCOLL
COD

L 7ON
L.

ALMEDA

In a broader scope, respondeat superior is based upon the concept of vicarious

liability

DRe Non Potest Peceare

The king can do no wrong.

Salus Populi Supreme Lex

Salus populi suprema lex esto (Latin "Let the good of the people be the supreme
law" or "The welfare of the people shall be the supreme law") is found in Cicero's
De LegibuS
Sic Utero Tuo Ut Alienum Non Leadas

One should use his own property in such a manner as not to injure that of
another. Under the traditional common law nuisances were analyzed under a
fairly rigid property rights framework. Each property owner had the right to use
his land, as long as his use didn't injury his neighbor. The legal question was
simply: Is A the cause of a nuisance? However, the relative difficulty of resolving
the harder cases has shifted legal analysis towards a more utilitarian, cost
benefit approach. Under this approach the legal inquiry is: do the benefits to A
(who enjoys loud music) outweigh the harm caused to B (who hates music).

Ubi Jus Ibi Idem Remedium (or) Ubi Jus Ibi Remedium

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Ubi Jus Ibi Remedium is a Latin legal maxim which means "where there is a right
there is a remedy". The basic principle contemplated in the maxim is that, when
a person's right is violated the victim will have an equitable remedy under law.
The maxim also states that the person whose right is being infringed has a right
to enforce the infringed right through any action before a court. AIl law courts
are also guided with the same principle of Ubi Jus Ibi Remedium.

OUt Res Magis Valeat Quam Pereat

The principle ut res magis valeat quam pereat is an advanced idea in

jurisprudence. It is better for a thing to have effect than to be made void.
The basic idea of [better the thing should function than that it should perish] is
that if a piece of law seems unclear, one should try to understand it in a way
that makes sense of it. The underlying idea of all legal systems is that all laws
make sense, and are there for a purpose. If a law seems incomprehensible or
silly, one should try to understand it in some way that makes sense of it so
-

that it can be used [valeat] rather than simply ignored [pereat).

DVolenti Non Fit Injuria

Volenti non fit iniuria/injuria (Latin: "to a willing person, injury is not done") is a
common law doctrine which means that if someone willingly places themselves
in a position where harm might result, knowing that some degree of harm might
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 AH LAV COLLE

L ON

AHi

result, they will not be able to bringa claim against the other party in tort or
delict. Volenti only applies to the risk which a reasonable person would consider
them as having assumed by their actions; thus a boxer consents to being hit,
and to the injuries that might be expected from being hit, but does not consent
to (for example) his opponent striking him with an iron bar, or punching him
outside the usual terms of boxing. Volenti is also known as a "voluntary
assumption of risk."

Volenti is sometimes described as the plaintiff "consenting to run a risk." In this

context, volenti can be distinguished from legal consent in that the latter can
prevent some torts arising in the first place. For exampie, consent to a medical
procedure prevents the procedure from being a trespass to the person, or
consenting to a person visiting your land prevents them from being a trespasser.

. 44-l 45a)

A legal maxim is an established principle or proposition

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