Flashcards

Flip through key legal terms and concepts. Click a card to see the definition.

Legal Writs

Habeas Corpus

Legal Writs

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.

Criminal Law

Mens Rea

Criminal Law

The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused (actus reus).

Legal Principles

Stare Decisis

Legal Principles

The legal principle of determining points in litigation according to precedent.

Contract Law

Caveat Emptor

Contract Law

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".

Contract Law

Void ab initio

Contract Law

A contract or legal document that is void from the very beginning.

Criminal Law

Doli Incapax

Criminal Law

A legal presumption that a child under a certain age is incapable of forming criminal intent.

Legal Roles

Amicus Curiae

Legal Roles

An impartial adviser, often voluntary, to a court of law in a particular case. Translates to "friend of the court".

Legal Principles

Ratio Decidendi

Legal Principles

The rule of law on which a judicial decision is based. It is the legally binding part of a judgment.

Legal Writs

Mandamus

Legal Writs

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".

Legal Writs

Certiorari

Legal Writs

A writ by which a higher court reviews a decision of a lower court for errors of law. Translates to "to be certified".

Legal Writs

Quo Warranto

Legal Writs

A writ requiring a person to show by what authority they exercise a public office. Translates to "by what authority?".

Legal Writs

Prohibition

Legal Writs

A writ from a superior court to a lower court or tribunal to prevent it from exceeding its jurisdiction.

Criminal Law

Actus Reus

Criminal Law

The wrongful act or omission that comprises the physical component of a crime.

Legal Maxims

Ab Initio

Legal Maxims

From the beginning.

Criminal Law

Alibi

Criminal Law

A defense that the accused was in another place at the time the crime was committed.

Legal Maxims

Bona fide

Legal Maxims

In good faith; genuine.

Legal Maxims

De facto

Legal Maxims

In fact; in reality. Describes practices that exist in reality, even if not legally recognized.

Legal Maxims

De jure

Legal Maxims

By law. Describes practices that are legally recognized, regardless of whether they exist in reality.

Legal Maxims

Ipso facto

Legal Maxims

By the fact itself. A direct consequence of an action.

Civil Law

Lis pendens

Civil Law

A pending lawsuit. A written notice that a lawsuit has been filed concerning real estate.

Legal Maxims

Modus operandi

Legal Maxims

A particular way or method of doing something, especially one that is characteristic or well-established.

Legal Maxims

Prima facie

Legal Maxims

Based on the first impression; accepted as correct until proved otherwise.

Contract Law

Quid pro quo

Contract Law

Something for something. An exchange of goods or services, where one transfer is contingent upon the other.

Legal Procedure

Sine die

Legal Procedure

(Of a proceeding) adjourned indefinitely, without a day appointed for resumption.

Legal Procedure

Sub judice

Legal Procedure

Under judicial consideration and therefore prohibited from public discussion elsewhere.

Legal Procedure

Suo motu

Legal Procedure

On its own motion. An action by a court without any request by the parties involved.

Legal Principles

Ultra vires

Legal Principles

Beyond the powers. An act which requires legal authority but is done without it.

Law of Torts

Volenti non fit injuria

Law of Torts

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.

Legal Roles

Plaintiff

Legal Roles

A person who brings a case against another in a court of law.

Legal Roles

Defendant

Legal Roles

An individual, company, or institution sued or accused in a court of law.

Criminal Law

Cognizable Offence

Criminal Law

An offence in which a police officer can arrest without a warrant.

Criminal Law

Non-cognizable Offence

Criminal Law

An offence in which a police officer cannot arrest without a warrant.

Criminal Law

Acquittal

Criminal Law

A judgment that a person is not guilty of the crime with which they have been charged.

Criminal Law

Conviction

Criminal Law

A formal declaration that someone is guilty of a criminal offence, made by the verdict of a jury or the decision of a judge.

Legal Documents

Affidavit

Legal Documents

A written statement confirmed by oath or affirmation, for use as evidence in court.

Legal Procedure

Appeal

Legal Procedure

An application to a higher court for a reversal of the decision of a lower court.

Legal Procedure

Arbitration

Legal Procedure

A form of alternative dispute resolution (ADR), is a way to resolve disputes outside the judiciary courts.

Contract Law

Coercion

Contract Law

The practice of persuading someone to do something by using force or threats.

Law of Torts

Damages

Law of Torts

A sum of money awarded by a court to compensate for loss or injury.

Legal Procedure

Decree

Legal Procedure

An official order that has the force of law.

Legal Principles

Estoppel

Legal Principles

A legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law.

Criminal Law

FIR (First Information Report)

Criminal Law

A written document prepared by police organizations when they receive information about the commission of a cognizable offence.

Civil Law

Injunction

Civil Law

A judicial order restraining a person from beginning or continuing an action, or compelling a person to carry out a certain act.

Contract Law

Indemnity

Contract Law

Security or protection against a loss or other financial burden.

Legal Principles

Jurisdiction

Legal Principles

The official power to make legal decisions and judgments.

Law of Torts

Libel

Law of Torts

A published false statement that is damaging to a person's reputation; a written defamation.

Law of Torts

Slander

Law of Torts

The action or crime of making a false spoken statement damaging to a person's reputation.

Civil Law

Lien

Civil Law

A right to keep possession of property belonging to another person until a debt owed by that person is discharged.

Legal Procedure

Litigation

Legal Procedure

The process of taking legal action.

Law of Torts

Negligence

Law of Torts

Failure to take proper care over something, resulting in damage or injury to another.

Constitutional Law

Ordinance

Constitutional Law

A law promulgated by the President/Governor when the Parliament/State Legislature is not in session.

Criminal Law

Parole

Criminal Law

The temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behavior.

Legal Procedure

Petition

Legal Procedure

A formal written request, typically one signed by many people, appealing to authority in respect of a particular cause.

Legal Principles

Precedent

Legal Principles

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Legal Procedure

Summons

Legal Procedure

An order to appear before a judge or magistrate.

Criminal Law

Warrant

Criminal Law

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.

Constitutional Law

Secularism

Constitutional Law

The principle of separation of the state from religious institutions.

Constitutional Law

Sovereignty

Constitutional Law

The supreme power or authority of a state to govern itself or another state.

Constitutional Law

Republic

Constitutional Law

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.

Constitutional Law

Federalism

Constitutional Law

A system of government in which entities such as states or provinces share power with a national government.

Constitutional Law

Separation of Powers

Constitutional Law

The division of government responsibilities into distinct branches (legislative, executive, judicial) to limit any one branch from exercising the core functions of another.

Constitutional Law

Judicial Review

Constitutional Law

The power of a court to review the constitutionality of legislative acts and executive orders.

Criminal Law

Double Jeopardy

Criminal Law

A procedural defence that prevents an accused person from being tried again on the same (or similar) charges following a valid acquittal or conviction.

Criminal Law

Ex post facto law

Criminal Law

A law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.

Legal Principles

Locus standi

Legal Principles

The right or capacity to bring an action or to appear in a court.

Legal Principles

Natural Justice

Legal Principles

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.

Legal Principles

Obiter Dicta

Legal Principles

A judge's incidental expression of opinion, not essential to the decision and not legally binding as a precedent. "A saying by the way".

Civil Law

Res judicata

Civil Law

A matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties. "A matter decided".

Law of Torts

Vicarious Liability

Law of Torts

A situation where someone is held responsible for the actions or omissions of another person.

Law of Torts

Tortfeasor

Law of Torts

A person who commits a tort (a civil wrong).

Law of Torts

Trespass

Law of Torts

Unlawful interference with one's person, property, or rights.

Law of Torts

Nuisance

Law of Torts

An act which is harmful or offensive to the public or a member of it and for which there is a legal remedy.

Contract Law

Pacta Sunt Servanda

Contract Law

Agreements must be kept. A fundamental principle of international and contract law.

Law of Torts

Assault

Law of Torts

An act that creates an apprehension in another of an imminent, harmful, or offensive contact.

Law of Torts

Battery

Law of Torts

The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight.

Contract Law

Bailment

Contract Law

A legal relationship in common law where physical possession of personal property is transferred from one person (the bailor) to another (the bailee).

Contract Law

Consideration

Contract Law

The benefit that each party receives, or expects to receive when entering into a contract. It is a necessary element of a valid contract.

Contract Law

Duress

Contract Law

Threats, violence, constraints, or other action used to coerce someone into doing something against their will or better judgment.

Contract Law

Frustration of Contract

Contract Law

A situation where unforeseen events make the performance of a contract impossible, illegal, or radically different from what was intended.

Contract Law

Misrepresentation

Contract Law

A false statement of fact made by one party to another, which has the effect of inducing that party into the contract.

Contract Law

Offer

Contract Law

A definite promise to be bound provided that certain specified terms are accepted.

Contract Law

Acceptance

Contract Law

An unconditional agreement to all the terms of an offer.

Contract Law

Specific Performance

Contract Law

A court order which requires a party to perform a specific act, usually what is stated in a contract.

Criminal Law

Plea Bargaining

Criminal Law

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.

Criminal Law

Extortion

Criminal Law

The practice of obtaining something, especially money, through force or threats.

Criminal Law

Theft

Criminal Law

Dishonestly taking any movable property out of the possession of any person without that person's consent.

Criminal Law

Robbery

Criminal Law

Theft by force or by threatening force.

Criminal Law

Dacoity

Criminal Law

Robbery committed by five or more persons.

Criminal Law

Culpable Homicide

Criminal Law

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.

Criminal Law

Murder

Criminal Law

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.

Criminal Law

Kidnapping

Criminal Law

Taking or enticing away a minor or a person of unsound mind out of the keeping of the lawful guardian without their consent.

Criminal Law

Abduction

Criminal Law

Forcibly or by deceitful means compelling a person to go from any place.

Legal Roles

Attorney

Legal Roles

A person appointed to act for another in business or legal matters; a lawyer.

Legal Roles

Advocate

Legal Roles

A person who puts a case on someone else's behalf. In India, a legal professional who is registered with the Bar Council.

Legal Roles

Public Prosecutor

Legal Roles

A law officer who conducts criminal proceedings on behalf of the state or in the public interest.

Criminal Law

Bail

Criminal Law

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.

Legal Procedure

Adjournment

Legal Procedure

The postponement of a court session or hearing until another date or time.

Criminal Law

Charge Sheet

Criminal Law

A final report prepared by the police after investigating a case. It contains all the charges against the accused.

Legal Procedure

Testimony

Legal Procedure

A formal written or spoken statement, especially one given in a court of law.

Constitutional Law

Fundamental Rights

Constitutional Law

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.

Constitutional Law

Directive Principles

Constitutional Law

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.

Constitutional Law

Amendment

Constitutional Law

A formal or official change made to a law, contract, constitution, or other legal document.

Constitutional Law

Impeachment

Constitutional Law

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.

Law of Torts

Defamation

Law of Torts

The action of damaging the good reputation of someone; slander or libel.

Civil Law

Plaint

Civil Law

The first document filed in a civil suit, which states the plaintiff's claim and the relief sought.

Civil Law

Written Statement

Civil Law

The defendant's reply to the plaint, in which they admit or deny the allegations.

Family Law

Will

Family Law

A legal document by which a person expresses their wishes as to how their property is to be distributed at death.

Criminal Law

Perjury

Criminal Law

The offence of willfully telling an untruth or making a misrepresentation under oath.