1.

Magistrate:

This term is used in variety of systems of governments and laws to refer to a civilian officer who
administrates the law. More specifically, the one who conducts a court that deals with minor offences
and holds preliminary hearings for more serious ones.

Difference between a judge and a magistrate: a judge is a judicial officer, just like a magistrate, but he
presides over court hearings and gives a judgment. Magistrate on the other hand, handles minor
offences in a specific town, district, etc. a judge, obviously, has more power.

In ancient Rome, “magistrates” was one of the highest ranking government offices; it’s possessed both
executives and judicial powers. Roman magistrates were not lawyers, but were advised by jurists who
were experts in law.

This term was most used in Germany, especially in city-states.

In English Common Law, magistrates hear “summary offences” (that is minor offences) in courts of
England and Whales. All criminal cases start in magistrate’s court; the serious ones go to crown courts.

Coming to India, there are 4 categories of magistrates in India. This classification is given in CrPc, 1973.
The classification is: (a) Chief Judicial Magistrate, (b) Sub Divisional magistrate, (c) Judicial Magistrates
First Class, (d) Executive Magistrate.

(a) Chief Judicial Magistrate: hears all types of criminal cases, looks over the work of judicial
magistrates, but cannot take any action against them. He can only report misbehavior.
(b) Sub Divisional magistrate: hears cases related to various Acts and other criminal cases.
(c) Judicial Magistrates First Class: can impose a fine of 10,000 or jail for 3 years.
(d) Executive Magistrate: they cannot try accused or pass verdicts. A person arrested on the orders
of court located outside the local jurisdiction should be produced before him. He can also set
the bail amount.

Origin of the word:

Latin → Latin → late Middle English

Magister Magistratus Magistrate

(Master) (Administrator)
 2. Mortgage

It is a type of loan to purchase or maintain a home, land, or other type of real estate. The borrower
agrees to pay the lender payments that are divided into principle and interest.

The property then serves as collateral to securing the loan.

The word “mortgage” is derived from a Legal French Term used in Britain meaning “death pledge” and
refers to pledge ending (dying) when either obligation is fulfilled or property taken through foreclosure.

S58 of transfer of properties act, 1882 defines mortgagor as transferor, mortgagee as transferee and
mortgage money as principle and interest and mortgage deed as where all of this is decided.

Types of mortgage: simple mortgage

Mortgage by conditional sale

Usufructuary mortgage

English mortgage

Mortgage by deposit of title deeds

Anomalous mortgage

Difference between a mortgage and a pledge: A mortgage is a type of loan to purchase or maintain a
home, land, or other type of real estate. The borrower agrees to pay the lender payments that are
divided into principle and interest. Whereas, a pledge is a loan secured against a movable property.
Therefore, mortgage deals with immovable property and pledges deals with movable property.

Essentials of a valid mortgage: (a) transfer of interest between mortgagor and mortgagee

(b) The property in question should be an immovable property

(c) The transfer should be with interest of securing payment of money

3. MOTIVE

Generally, a motive is reason for doing something.

From law point of view, a motive is something which causes someone to commit a crime; a reason for
criminal behavior.
Difference between motive and intention: a motive is reason for doing something, whereas an intention
is the thing that you plan to achieve. For example, while drinking a glass of water, the motive is to
quench the thirst, while the intention is to drink the water. A motive is considered irrelevant in criminal
(except in cases of self-defense). Intention is crucial in criminal law (especially while deciding the degree
of murder)

Motive is not an element, intent is. Motive describes the accused background

Motive are usually broken down into 3 categories: (a) biological

(b) Social

(C) personal

(a) Biological motive: The biological motives are rooted in the physiological state of the body to a
large extent. There are many such motives, including hunger, thirst, sex, and temperature
regulation, sleep and pain avoidance.

(b) Social motive: Examples include affiliation, aggression, power, altruism, achievement, and
approval, among others. These motives have basic characteristics in common in the way they
are associated with specific goal- directed behavior. They form a specific system, a culture-
related connection of emotion and cognition.

(c) Personal motive: Personal motives indicate that the individual needs to engage in some form
of exercise or perhaps simply get out of the house and seek a diversion from other tasks.

Origin of the word:

Late Latin → late Latin → old French → late middle English

Movere motivus motif motive

4. Negligence

Generally, it is the failure to take proper care over something.

From law point of view, negligence is the breach of duty of care which results in damage.

Derived from Latin word, “Negligentia”,

In law of tort, negligence involves harm caused by failing to act as a form of carelessness. The
core concept is that people should exercise reasonable care in their actions by taking in
accordance of potential harm that they might foreseeably cause to other people or property.
 Now, the person who suffers loss caused by negligence of another may be able to sue for
damages to compensate for their harm.

Such loss may be physical or psychological. In order for a victim to recover compensation from
someone who harmed them, the victim generally must be able to demonstrate either that the
defendant was negligent or that the defendant acted intentionally to cause damage.

Elements of negligence:
•
The defendant must have owed a duty of care to the plaintiff. ...
• The defendant must have breached the duty. ...
• The defendant's breach must have been the direct cause of injury.
• The defendant must have been able to foresee that harm would occur.

If you can prove the five elements of negligence in a personal injury case, you
should be compensated for:

• Medical bills resulting from the injuries caused by the negligence

• Lost wages
• Pain and suffering
• Emotional distress
An experienced personal injury lawyer can help you to prove the five elements of
negligence and to demonstrate the extent of the damage you endured.

5. Notary Public

It is a public officer constituted by law to serve the public in non-contentious matters.

Non-contentious matters are those matters which are not likely to cause disagreement or an
argument.

A notary public is usually concerned with general financial transactions, estates, deeds, etc.

Main function of notary: to validate signature of a person, administer oaths/affirmations, take

affidavits and statutory declarations.
According to Indian law, a notary public is a person authorized to carry out certain legal
formalities/activities. This would include drawing up and/or validating contract (deeds and
other such legal documents)

Primary role: to act as an impartial witness while discharging fraud acts. Not all documents
need to be notarized by a notary public, but it’s beneficial to do so as it can be used as a proof
in front of court later in date, if required.

How to be notary public/qualifications of a notary public:

(a) Practice experience of at least for 10 years i.e. 10 years’ experience from the date of the enrolment
in the concerned Bar Council.

(b) Practice experience of at least for 07 years for those belonging to Scheduled Castes/Scheduled
Tribes/Other Backward Classes/Woman i.e. 07 years’ experience from the date of the enrolment in the
concerned Bar Council.

(c) A member of the Indian Legal Service under the Central Government, or

(d) He had been at least for 10 years, - (I) a member of Judicial Service; or (ii) Held an office under the
Central Government or a State Government requiring special knowledge of law after enrolment as an
Advocate; or (iii) Held an office in the department of Judge Advocate General or in the legal department
of the armed forces.