Legal Language including Legal

Writing and General English

th
Date: 17 August 2023
3rd Yr BLS.LLB ( Sem 5)
Prof. Viraj Deshpande
Assistant Professor (Law)
ABACL
 Previous Lecture
❑1]Law
❑2]Custom
❑3]Justice
❑4]Right
❑5]Duty
❑6]Wrong
❑7]Civil Wrong
❑8]Criminal Wrong
 Todays Lecture
❑9]Remedy
❑10]Fact
❑11]Person
❑12]Offence
❑13]Person
❑14]State
❑15]Plaint
REMEDY:
• The means by which a legally recognised wrong is subsequently
addressed in the pursuit of justice.
• In common law jurisdictions, we distinguish between two key
categories of remedy: legal remedies such as a monetary award of
damages, and equitable remedies, such as specific performance.
• The appropriate remedy depends on the nature of the wrong, as not
all remedies are open in all cases.
• Furthermore, some remedies can help achieve justice in certain
situations but not others, and as such, judges must use their
discretion when determining which remedies to enforce.
• Examples of remedies include:
• Common law
• Damages
• Equity
• Specific performance
• Injunction
• Restitution
• Account for profits
• Constitutional (prerogative writs)
• Prohibition
• Mandamus
• Certiorari
• Other
• Rescission
• Rectification
• There are various ‘Remedial Measures’ available in the Civil as well
as in Criminal cases. These are – Compensation, Specific Relief etc

• - UBI JUS IBI REMEDIUM…

• ( For ex..in case a contract is breached…what is the remedy…

• Contract Act specifies rescission…damages, specific performance,
injunction)
FACT:

• Fact."-- "Fact" means and includes–

• (1) anything, state of things, or relation of things, capable of being
perceived by the senses;
• (2) any mental condition of which any person is conscious.
Illustrations

• (a) That there are certain objects arranged in a certain order in a certain place, is
a fact.
• (b) That a man heard or saw something, is a fact.
• (c) That a man said certain words, is a fact.
• (d) That a man holds a certain opinion, has a certain intention, acts in good faith
or fraudulently, or uses a particular word in a particular sense, or is or was at a
specified time conscious of a particular sensation, is a fact.
• (e) That a man has a certain reputation, is a fact.
❑. Facts are, thus, either physical-e.g., the existence of visible objects,
or psychological-e.g., the intention or animus of a particular individual
in doing a particular act.
❑The psychological facts are incapable of direct proof by the testimony
of witnesses; their existence can be ascertained only by the
confession of the party whose mind is their seat or by presumptive
inference from physical facts.
❑This constitutes the only difference between physical and
psychological facts.
PERSON:
•
The term ‘person’ is derived from the Latin term ‘Persona’
which means those who are recognized by law as being
capable of having legal rights and being bound by legal
duties.
• It means both- a human being, a body of persons or a
corporation or other legal entity that is recognized by law as
the subject of rights and duties. Savingy has defined
person as the subject or bearer of right.
• But Holland has criticised this definition on the ground that
persons are not subject to right alone but also duties. He
says: the right not only resides in, but is also available
against persons.
• Kinds of Persons :

There are two kinds of persons are as follows

I) Natural persons

II) Legal persons ( legal persons are also known as

juristic, fictitious or artificial persons )
•
I) Natural Person :
A natural person is a human being possessing natural
personality. According to Holland, a natural person is a human being as
is regarded by the law as capable of rights and duties. Requisite of
normal human being is that he must be born alive moreover , he must
possess essentially human characteristics. Generally a person/human
being who has a capacity to sue and be sued is person.

II) Legal persons / Artificial persons :

A legal person has a real existence but it's personality is
fictitious. A fictitious thing is that which does not exist in fact but which
is deemed to exist in the eye of law.
Example : Company or corporation, idol etc.
Offense:
• Section 40 Of IPC:
• “Meaning Of Offense | Except in the chapters and sections mentioned in
clauses 2 and 3 of this section , the word "offense" denotes a thing made
punishable by this Code.
• Well, if we discuss the meaning of offense in a broader perspective then , it is
not just restricted to the Indian Penal Code . In countries like USA, offense also
means an attack,an affront or an insult .
• The Concept of Crime is subject to spatial, temporal and societeal
variations.

• For example : Adultery was a criminal offense in India under section

497, but not so in England and other western countries . Earlier ,
bigamy was considered to be legitimate act but with the passage of
time the same is now being looked down upon and has been a
criminal offense.
• Even today there are certain societies that find nothing wrong in
bigamy
• Meaning of Offences
• Offences are also known by names such as crime, unlawful
act etc. In Layman language, it can be defined as a breach
of law or an illegal act.
• Offences are anti-social in nature. They disturb the tranquility
of the society and create fear and chaos in the minds of people.
• There are different reasons behind the occurrence of offences,
which can be political, social, personal and economical in
nature.
• The socio-economic condition of the society decides the types
and frequency of the offences. For example, nature of offence
in developing nation is different from that of developed nation.
Extract from “Bharatiya Nyaya Sanhita, 2023”
introduced in Loksabha on 10th Aug.2023 ( which
seeks to replace IPC)
STATE:
• In broad terms, a political organization of society is known as State. It is a
form of human association with a purpose of establishing law and order in
the society. The idea behind formation of a state is to settle the disputes
among individuals by way of laws.
• The definition of State was evolved according to the change is social
dynamics.
• The idea of western state can be traced back to Aristotle and Plato’s
theories, wherepolis, or city-state, was defined as the ideal form of
association, where the whole community’s religious, cultural, political, and
economic needs could be satisfied.
• The city-state was self-sufficient and was perceived by Aristotle as the
means of developing morality among the individuals in the community.
• In modern times a state can be said to be more than a government. As we
know governments change, but states are perpetual. A state is the means
of rule over a defined or “sovereign” territory with a population.
• It is comprised of an executive, a bureaucracy, courts and other
institutions to ensure law and order is maintained. But, along with that a
state also levies taxes and operates a military and police force. States
distributes and re-distribute resources and wealth.
• As per legal dictionary, in broad terms a State can be defined as “Groups of
people which have acquired international recognition as an independent
country and which have a population, and a defined and distinct territory.
• ARTICLE 12 OF THE CONSTITUTION OF INDIA
• State as provided under Article 12 of the Constitution has four
components:
• ( a ) The Government and Parliament of India Government means
any department or institution of department. Parliament shall consist
of the President, the House of People and Council of States
• ( b ) The Government and Legislature of each State State Legislatures
of each State consist of the Governor, Legislative Council and
Legislative Assembly or any of them.
• ( c ) Local Authorities within the territory of India Authority means
• ( i ) Power to make rules, bye- laws, regulations, notifications and statutory
orders.
• ( ii ) Power to enforce them.
• Local Authority means Municipal Boards, Panchayats, Body of Port
Commissioners and others legally entitled to or entrusted by the government,
municipal or local fund.
• ( d ) Other Authorities
• Authorities other than local authorities working
• ( i ) Within the territory of India or;
• ( ii ) Outside the territory of India.
PLAINT:
• A plaint is a legal document that contains the
written statement of the plaintiff’s claim.
• A plaint is the first step toward the initiation of a suit. It can be
said to be a statement of claim, a document, by the presentation of
which the suit is instituted. However, the expression “plaint” has
not been defined in the code. It is a pleading of the plaintiff.
• In plaint, the plaintiff should allege facts about his
cause of action. A plaint that is presented to a civil court of
appropriate jurisdiction contains everything, including facts to relief
that the plaintiff expects to obtain.
• Particulars of the plaint:- among other things…
• The name of the particular court where the suit is
brought;

• The name, place, and description of the plaintiff’s

residence…

• The name, place, and description of the defendant’s

residence;
• A statement of unsoundness of mind or minority in case
the plaintiff or the defendant belongs to either of the
categories;
• The facts that led to the cause of action and when it
arose;

• That fact that points out to the jurisdiction of the court ;

• A statement of the value of the subject matter of the suit

for the purpose of jurisdiction and court fees;
 th
Next Lecture:Saturday, 19 Aug. 2023
16]Suit
17]Affidavit
18] Judgment
19]Appeal
20]Review
21]Revision
22]Reference
23]Writ
24]Stay order
25]Injunction
26] Adjournment
• THANK YOU ……..

• ANY QUERIES ????