Flashcards
Flip through key legal terms and concepts. Click a card to see the definition.
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Mens Rea
The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused (actus reus).
Stare Decisis
The legal principle of determining points in litigation according to precedent.
Caveat Emptor
The principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. "Let the buyer beware".
Void ab initio
A contract or legal document that is void from the very beginning.
Doli Incapax
A legal presumption that a child under a certain age is incapable of forming criminal intent.
Amicus Curiae
An impartial adviser, often voluntary, to a court of law in a particular case. Translates to "friend of the court".
Ratio Decidendi
The rule of law on which a judicial decision is based. It is the legally binding part of a judgment.
Mandamus
A writ from a superior court to a lower court or government officer commanding them to perform a mandatory public duty. Translates to "we command".
Certiorari
A writ by which a higher court reviews a decision of a lower court for errors of law. Translates to "to be certified".
Quo Warranto
A writ requiring a person to show by what authority they exercise a public office. Translates to "by what authority?".
Prohibition
A writ from a superior court to a lower court or tribunal to prevent it from exceeding its jurisdiction.
Actus Reus
The wrongful act or omission that comprises the physical component of a crime.
Ab Initio
From the beginning.
Alibi
A defense that the accused was in another place at the time the crime was committed.
Bona fide
In good faith; genuine.
De facto
In fact; in reality. Describes practices that exist in reality, even if not legally recognized.
De jure
By law. Describes practices that are legally recognized, regardless of whether they exist in reality.
Ipso facto
By the fact itself. A direct consequence of an action.
Lis pendens
A pending lawsuit. A written notice that a lawsuit has been filed concerning real estate.
Modus operandi
A particular way or method of doing something, especially one that is characteristic or well-established.
Prima facie
Based on the first impression; accepted as correct until proved otherwise.
Quid pro quo
Something for something. An exchange of goods or services, where one transfer is contingent upon the other.
Sine die
(Of a proceeding) adjourned indefinitely, without a day appointed for resumption.
Sub judice
Under judicial consideration and therefore prohibited from public discussion elsewhere.
Suo motu
On its own motion. An action by a court without any request by the parties involved.
Ultra vires
Beyond the powers. An act which requires legal authority but is done without it.
Volenti non fit injuria
To a willing person, injury is not done. A defense in tort that a person who knowingly puts themselves at risk cannot sue for damages.
Plaintiff
A person who brings a case against another in a court of law.
Defendant
An individual, company, or institution sued or accused in a court of law.
Cognizable Offence
An offence in which a police officer can arrest without a warrant.
Non-cognizable Offence
An offence in which a police officer cannot arrest without a warrant.
Acquittal
A judgment that a person is not guilty of the crime with which they have been charged.
Conviction
A formal declaration that someone is guilty of a criminal offence, made by the verdict of a jury or the decision of a judge.
Affidavit
A written statement confirmed by oath or affirmation, for use as evidence in court.
Appeal
An application to a higher court for a reversal of the decision of a lower court.
Arbitration
A form of alternative dispute resolution (ADR), is a way to resolve disputes outside the judiciary courts.
Coercion
The practice of persuading someone to do something by using force or threats.
Damages
A sum of money awarded by a court to compensate for loss or injury.
Decree
An official order that has the force of law.
Estoppel
A legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law.
FIR (First Information Report)
A written document prepared by police organizations when they receive information about the commission of a cognizable offence.
Injunction
A judicial order restraining a person from beginning or continuing an action, or compelling a person to carry out a certain act.
Indemnity
Security or protection against a loss or other financial burden.
Jurisdiction
The official power to make legal decisions and judgments.
Libel
A published false statement that is damaging to a person's reputation; a written defamation.
Slander
The action or crime of making a false spoken statement damaging to a person's reputation.
Lien
A right to keep possession of property belonging to another person until a debt owed by that person is discharged.
Litigation
The process of taking legal action.
Negligence
Failure to take proper care over something, resulting in damage or injury to another.
Ordinance
A law promulgated by the President/Governor when the Parliament/State Legislature is not in session.
Parole
The temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behavior.
Petition
A formal written request, typically one signed by many people, appealing to authority in respect of a particular cause.
Precedent
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Summons
An order to appear before a judge or magistrate.
Warrant
A document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action.
Secularism
The principle of separation of the state from religious institutions.
Sovereignty
The supreme power or authority of a state to govern itself or another state.
Republic
A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
Federalism
A system of government in which entities such as states or provinces share power with a national government.
Separation of Powers
The division of government responsibilities into distinct branches (legislative, executive, judicial) to limit any one branch from exercising the core functions of another.
Judicial Review
The power of a court to review the constitutionality of legislative acts and executive orders.
Double Jeopardy
A procedural defence that prevents an accused person from being tried again on the same (or similar) charges following a valid acquittal or conviction.
Ex post facto law
A law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.
Locus standi
The right or capacity to bring an action or to appear in a court.
Natural Justice
Principles of justice that are based on the common-sense notions of fairness, including the right to a fair hearing and the rule against bias.
Obiter Dicta
A judge's incidental expression of opinion, not essential to the decision and not legally binding as a precedent. "A saying by the way".
Res judicata
A matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties. "A matter decided".
Vicarious Liability
A situation where someone is held responsible for the actions or omissions of another person.
Tortfeasor
A person who commits a tort (a civil wrong).
Trespass
Unlawful interference with one's person, property, or rights.
Nuisance
An act which is harmful or offensive to the public or a member of it and for which there is a legal remedy.
Pacta Sunt Servanda
Agreements must be kept. A fundamental principle of international and contract law.
Assault
An act that creates an apprehension in another of an imminent, harmful, or offensive contact.
Battery
The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight.
Bailment
A legal relationship in common law where physical possession of personal property is transferred from one person (the bailor) to another (the bailee).
Consideration
The benefit that each party receives, or expects to receive when entering into a contract. It is a necessary element of a valid contract.
Duress
Threats, violence, constraints, or other action used to coerce someone into doing something against their will or better judgment.
Frustration of Contract
A situation where unforeseen events make the performance of a contract impossible, illegal, or radically different from what was intended.
Misrepresentation
A false statement of fact made by one party to another, which has the effect of inducing that party into the contract.
Offer
A definite promise to be bound provided that certain specified terms are accepted.
Acceptance
An unconditional agreement to all the terms of an offer.
Specific Performance
A court order which requires a party to perform a specific act, usually what is stated in a contract.
Plea Bargaining
An agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
Extortion
The practice of obtaining something, especially money, through force or threats.
Theft
Dishonestly taking any movable property out of the possession of any person without that person's consent.
Robbery
Theft by force or by threatening force.
Dacoity
Robbery committed by five or more persons.
Culpable Homicide
The act of causing death with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death.
Murder
A more severe form of culpable homicide, committed with specific intentions like intent to kill or cause bodily injury sufficient in the ordinary course of nature to cause death.
Kidnapping
Taking or enticing away a minor or a person of unsound mind out of the keeping of the lawful guardian without their consent.
Abduction
Forcibly or by deceitful means compelling a person to go from any place.
Attorney
A person appointed to act for another in business or legal matters; a lawyer.
Advocate
A person who puts a case on someone else's behalf. In India, a legal professional who is registered with the Bar Council.
Public Prosecutor
A law officer who conducts criminal proceedings on behalf of the state or in the public interest.
Bail
The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
Adjournment
The postponement of a court session or hearing until another date or time.
Charge Sheet
A final report prepared by the police after investigating a case. It contains all the charges against the accused.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Fundamental Rights
A group of rights that have been recognized by a high degree of protection from encroachment. These are the rights which are fundamental for the development of any human being.
Directive Principles
Guidelines for the central and state governments of India, to be kept in mind while framing laws and policies. They are not enforceable by any court.
Amendment
A formal or official change made to a law, contract, constitution, or other legal document.
Impeachment
A formal process in which an official is accused of unlawful activity, the outcome of which may include the removal of that official from office.
Defamation
The action of damaging the good reputation of someone; slander or libel.
Plaint
The first document filed in a civil suit, which states the plaintiff's claim and the relief sought.
Written Statement
The defendant's reply to the plaint, in which they admit or deny the allegations.
Will
A legal document by which a person expresses their wishes as to how their property is to be distributed at death.
Perjury
The offence of willfully telling an untruth or making a misrepresentation under oath.