LawPrep Sprint
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.
Jurisprudence
The theory or philosophy of law. The study of the principles of law and legal relations.
Per curiam
By the court as a whole. A decision of the entire court rather than an individual judge.
Corpus delicti
Body of the crime. The fact that a crime has been committed, which must be proved before conviction.
Habendum clause
The part of a deed that defines the extent of ownership being granted.
In limine
At the outset. A motion made before or at the start of trial requesting certain evidence be excluded.
Noscitur a sociis
It is known by its associates. A principle of statutory interpretation where the meaning of a word is gathered from its context.
Ejusdem generis
Of the same kind. A principle where general words following specific words are limited to things of the same type.
Expressio unius est exclusio alterius
The expression of one thing is the exclusion of another. Mentioning one thing implies exclusion of others.
Mala fide
In bad faith. Done with bad or fraudulent intent.
Functus officio
Having discharged the office. When an official has completed their duty, they lose authority over the matter.
Caveat
A warning or caution. A formal notice to a court to suspend proceedings until the filer is heard.
Garnishment
A legal process for collecting a monetary judgment by directing a third party to pay the debtor's money to the creditor.
Easement
A right to use another person's land for a stated purpose, such as right of way.
Escheat
The reversion of property to the state when there are no legal heirs.
Encumbrance
A claim or liability attached to property, such as a mortgage or lien.
Foreclosure
A legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of the mortgaged property.
Garnishee
A third party who holds property or money belonging to a judgment debtor.
Intestate
Dying without a valid will. The estate is distributed according to succession laws.
Testate
Dying with a valid will in place.
Probate
The legal process of proving a will and distributing the estate of a deceased person.
Administrator
A person appointed by the court to manage the estate of a deceased person who died intestate.
Executor
A person named in a will to carry out the deceased's wishes and manage the estate.
Codicil
A supplement or addition to a will that modifies, explains, or revokes provisions in it.
Legatee
A person who receives personal property under a will.
Devisee
A person who receives real property under a will.
Ademption
The revocation of a gift in a will by disposing of the gifted property before death.
Lapse
The failure of a testamentary gift when the beneficiary dies before the testator.
Attestation
The act of witnessing the execution of a written instrument and subscribing as a witness.
Notarization
The official act of a notary public in certifying the authenticity of a signature or document.
Power of Attorney
A written authorization allowing one person to act on behalf of another in legal or financial matters.
Trust
A fiduciary arrangement where one party (trustee) holds property for the benefit of another (beneficiary).
Trustee
A person who holds and manages property for the benefit of another.
Beneficiary
A person who benefits from a trust, will, or insurance policy.
Fiduciary
A person in a position of trust who owes a duty of care and loyalty to another.
Good Faith
Honest intention to act without taking unfair advantage of another person.
Gross Negligence
A severe degree of negligence representing a conscious and voluntary disregard of the need to use reasonable care.
Contributory Negligence
A defense where the plaintiff's own negligence contributed to their injury, potentially reducing damages.
Comparative Negligence
A system where damages are reduced based on the plaintiff's degree of fault.
Proximate Cause
An act or omission that naturally and directly produces a consequence, forming the basis of liability.
Novation
The substitution of a new contract, debt, or obligation for an existing one by mutual agreement.
Rescission
The cancellation or annulment of a contract, restoring parties to their original positions.
Quantum Meruit
As much as is deserved. A claim for reasonable payment for services rendered when no price was agreed.
Force Majeure
An unforeseeable circumstance (like natural disaster) that prevents someone from fulfilling a contract.
Liquidated Damages
A predetermined amount of money agreed upon in a contract to be paid if the contract is breached.
Penalty Clause
A contractual provision imposing a payment in case of breach, intended to punish rather than compensate.
Innuendo
In defamation law, an indirect or subtle derogatory implication in a statement.
Slander of Goods
A false statement that disparages the quality of someone's goods or products.
Passing Off
Misrepresenting one's goods or services as those of another to gain unfair advantage.
Malicious Prosecution
Initiating criminal or civil proceedings without reasonable cause and with malicious intent.
Champerty
An agreement where a person finances another's lawsuit in return for a share of the proceeds.
Barratry
Vexatious incitement to litigation or the offense of persistently stirring up quarrels.
Subpoena
A legal document ordering someone to attend court as a witness or produce documents.
Subpoena Duces Tecum
A court order requiring a person to produce documents or records at a proceeding.
Deposition
A witness's sworn out-of-court testimony recorded for later use in court.
Discovery
The pre-trial phase where parties gather evidence from each other and third parties.
Interrogatories
Written questions sent by one party to another to be answered under oath during discovery.
Voir Dire
The preliminary examination of potential jurors or witnesses to determine their qualifications.
Rebuttal
Evidence or argument presented to contradict or disprove the opposing party's case.
Cross-examination
The questioning of a witness by the opposing party to challenge their testimony.
Hearsay
Second-hand evidence where a witness testifies not from personal knowledge but from what others said. Generally inadmissible.
Direct Evidence
Evidence that directly proves a fact, such as eyewitness testimony.
Circumstantial Evidence
Indirect evidence that implies a fact but does not directly prove it.
Corroboration
Additional evidence that strengthens or confirms what has already been established.
Judicial Notice
A court's acceptance of a fact as true without requiring proof because it is commonly known.
Privilege
A legal right to withhold information from disclosure, such as attorney-client privilege.
Leading Question
A question that suggests the answer or contains the information the questioner seeks to have confirmed.
Burden of Proof
The obligation to prove one's assertion in a legal proceeding.
Standard of Proof
The level of certainty required to prove a case (e.g., beyond reasonable doubt in criminal; preponderance of evidence in civil).
Preponderance of Evidence
The standard of proof in civil cases, meaning more likely than not (over 50% certainty).
Beyond Reasonable Doubt
The high standard of proof required in criminal cases before conviction.
Admissibility
The acceptability of evidence in court according to the rules of evidence.
Relevance
The tendency of evidence to make a material fact more or less probable.
Materiality
The significance of evidence to the issues in the case.
Impeachment
Attacking the credibility of a witness through contradictions or character evidence.
Rehabilitation
The process of restoring the credibility of a witness after impeachment.
Expert Witness
A person with specialized knowledge who testifies to help the court understand complex issues.
Lay Witness
An ordinary witness who testifies based on personal knowledge, not specialized expertise.
Character Evidence
Evidence about a person's character traits, generally inadmissible to prove conduct in criminal cases.
Chain of Custody
The chronological documentation showing seizure, custody, control, transfer, and disposition of evidence.
Forensic Evidence
Scientific evidence (DNA, fingerprints, etc.) used in legal proceedings.
Arraignment
A court proceeding where the accused is formally charged and enters a plea.
Indictment
A formal written accusation charging a person with a crime, issued by a grand jury.
Grand Jury
A group of citizens who review evidence to determine if criminal charges should be filed.
Petit Jury
The trial jury that hears evidence and decides the verdict in a case.
Hung Jury
A jury unable to reach a unanimous verdict, resulting in a mistrial.
Mistrial
A trial that is terminated before its normal conclusion due to fundamental error or hung jury.
Remand
Returning a case to a lower court for further proceedings or sending an accused back to custody.
Recuse
A judge voluntarily withdrawing from a case due to a potential conflict of interest.
Recusal
The act of a judge disqualifying themselves from hearing a case.
In Camera
In chambers. A private hearing conducted in the judge's office or closed courtroom.
Ex Parte
On behalf of one party only, without the other party being present or notified.
Interlocutory
Temporary or provisional; not final. An interlocutory order is made during the course of proceedings.
Stay Order
A court order suspending judicial proceedings or enforcement of a judgment.
Contempt of Court
Disobedience or disrespect towards a court of law, punishable by fine or imprisonment.
Perjury
The criminal offense of making false statements under oath.
Obstruction of Justice
Interfering with the administration of justice, such as tampering with evidence or witnesses.
Embezzlement
Theft or misappropriation of funds placed in one's trust or belonging to one's employer.
Forgery
Making, altering, or imitating a document with intent to defraud.
Fraud
Intentional deception for personal gain or to damage another individual.
Larceny
The unlawful taking of another person's property with intent to permanently deprive them of it.
Burglary
Unlawful entry into a building with intent to commit a crime, especially theft.
Arson
The criminal act of deliberately setting fire to property.
Vandalism
Deliberate destruction of or damage to public or private property.
Manslaughter
The unlawful killing of a human being without malice aforethought, less serious than murder.
Homicide
The killing of one person by another, which may be lawful or unlawful.
Infanticide
The killing of an infant, especially by a parent.
Patricide
The killing of one's father.
Matricide
The killing of one's mother.
Doctrine of Eclipse
Pre-constitutional laws inconsistent with Fundamental Rights are not dead but eclipsed, and revive when the FRs are amended.
Doctrine of Severability
Only the unconstitutional part of a law is void; the rest remains valid if separable.
Colourable Legislation
Legislature cannot do indirectly what it cannot do directly; substance over form is examined.
Pith and Substance
Doctrine to determine the true nature of legislation when challenged for legislative competence.
Territorial Nexus
State laws can have extra-territorial operation if there is sufficient connection with the state.
Doctrine of Harmonious Construction
Conflicting constitutional provisions should be interpreted to give effect to both.
Repugnancy Doctrine
When state law conflicts with central law on Concurrent List, central law prevails (Article 254).
Doctrine of Pleasure
Civil servants hold office at the pleasure of the President/Governor (Article 310).
Doctrine of Legitimate Expectation
Citizens have right to expect fair treatment from government based on past practices.
Wednesbury Principle
Administrative decision unreasonable if no reasonable authority would ever have come to it.
Chevron Deference
Courts defer to reasonable agency interpretations of ambiguous statutes they administer.
Proportionality Test
Government action must be proportionate to the legitimate aim pursued (K.S. Puttaswamy).
Article 14
Equality before law and equal protection of laws within the territory of India.
Article 19
Guarantees six freedoms to citizens: speech, assembly, association, movement, residence, profession.
Article 21
Protection of life and personal liberty - cannot be deprived except by procedure established by law.
Article 21A
Right to education for children aged 6-14 years (inserted by 86th Amendment, 2002).
Article 32
Right to Constitutional Remedies - "Heart and Soul of the Constitution" - Dr. Ambedkar.
Article 226
Power of High Courts to issue writs for enforcement of FRs and other legal rights.
Habeas Corpus
Writ commanding production of detained person to examine legality of detention.
Mandamus
Writ commanding public authority to perform its statutory duty.
Certiorari
Writ to quash an order of inferior court/tribunal acting without jurisdiction.
Prohibition
Writ to prevent inferior court from exceeding jurisdiction or usurping it.
Quo Warranto
Writ challenging the authority by which a person holds public office.
Salus Populi Suprema Lex
The welfare of the people is the supreme law.
Rex Non Potest Peccare
The King can do no wrong - basis of sovereign immunity.
Delegatus Non Potest Delegare
A delegate cannot further delegate - limits on delegated authority.
Expressio Unius Est Exclusio Alterius
The expression of one thing implies the exclusion of another.
Generalia Specialibus Non Derogant
General provisions do not derogate from special provisions.
Ei Incumbit Probatio Qui Dicit
The burden of proof lies on him who affirms, not on him who denies.
In Pari Delicto
In equal fault - when both parties are equally at fault, court leaves them as they are.
Nullum Crimen Sine Lege
No crime without law - act is not crime unless declared so by statute.
Nulla Poena Sine Lege
No punishment without law - punishment must be authorized by law.
Lex Loci Delicti
Law of the place where the wrong was committed governs the case.
Lex Fori
Law of the forum - procedural matters governed by court where case is heard.
Volenti Non Fit Injuria
To a willing person, no injury is done - consent as defense.
Injuria Sine Damno
Legal injury without actual damage - actionable per se.
Damnum Sine Injuria
Damage without legal injury - not actionable.
Ubi Jus Ibi Remedium
Where there is a right, there is a remedy.
Consensus Ad Idem
Meeting of minds - essential for valid contract formation.
Privity of Contract
Only parties to a contract can sue or be sued under it.
Quantum Meruit
As much as deserved - reasonable value for work done or services rendered.
Caveat Emptor
Let the buyer beware - buyer must examine goods before purchase.
Caveat Venditor
Let the seller beware - seller liable for latent defects.
Promissory Estoppel
Promise reasonably relied upon is binding even without consideration.
Frustration of Contract
Contract becomes impossible to perform due to supervening event (Section 56).
Anticipatory Breach
Repudiation of contract before due date of performance.
Liquidated Damages
Pre-determined damages stipulated in the contract itself.
Penalty Clause
Excessive sum fixed as damages, courts may grant only reasonable compensation.
Novation
Substitution of new contract for existing one, or change of parties.
Rescission
Cancellation of contract, restoring parties to pre-contractual position.
Specific Performance
Equitable remedy compelling party to perform contract obligations.
Injunction
Court order restraining a party from doing or continuing an act.
Force Majeure
Unforeseeable circumstances preventing fulfillment of contract.
Contra Proferentem
Ambiguous terms interpreted against the party who drafted them.
Strict Liability
Liability without fault - applies to inherently dangerous activities (Rylands v Fletcher).
Absolute Liability
No escape from liability even with due care - M.C. Mehta v Union of India.
Vicarious Liability
Liability of one person for tortious act of another (employer for employee).
Res Ipsa Loquitur
The thing speaks for itself - negligence inferred from facts.
Contributory Negligence
Plaintiff's own negligence contributed to injury - reduces damages.
Last Opportunity Rule
Person with last chance to avoid accident is liable.
Nuisance
Unreasonable interference with use and enjoyment of land.
Private Nuisance
Interference affecting specific individual or their property.
Public Nuisance
Act affecting general public at large - a criminal offense.
Defamation
Publication of false statement injurious to reputation.
Libel
Defamation in permanent form - writing, pictures, broadcast.
Slander
Defamation in transient form - spoken words or gestures.
Assault
Intentional act causing reasonable apprehension of immediate harmful contact.
Battery
Intentional and direct application of force to another person.
False Imprisonment
Unlawful restraint on personal liberty without lawful justification.
Malicious Prosecution
Instituting criminal proceedings maliciously without reasonable cause.
Trespass to Land
Direct interference with land in possession of another.
Trespass to Person
Direct interference with body of another - assault, battery, false imprisonment.
Conversion
Intentional dealing with goods inconsistent with owner's rights.
Burden of Proof
Obligation to prove a fact - generally on party asserting the fact.
Standard of Proof
Degree of proof required - beyond reasonable doubt (criminal), preponderance (civil).
Direct Evidence
Evidence that directly proves a fact without inference.
Circumstantial Evidence
Evidence from which fact is inferred - chain must be complete.
Hearsay Evidence
Statement made out of court offered to prove truth of matter stated - generally inadmissible.
Dying Declaration
Statement made by person as to cause of death believing death imminent (Section 32).
Admission
Statement suggesting inference about fact in issue made by party (Section 17).
Confession
Admission of guilt by accused person (Section 24-30).
Judicial Confession
Confession made before magistrate - admissible against maker.
Extra-Judicial Confession
Confession made outside court - requires corroboration.
Primary Evidence
Original document itself - best evidence rule (Section 64).
Secondary Evidence
Copy or oral account of document when original unavailable (Section 65).
Documentary Evidence
All documents produced for court's inspection (Section 3).
Oral Evidence
Statements made by witnesses before court (Section 59-60).
Expert Opinion
Opinion of skilled person on matters requiring special knowledge (Section 45).
Hostile Witness
Witness turning hostile to party calling them - can be cross-examined.
Accomplice Evidence
Evidence by person participating in crime - requires corroboration.
Res Gestae
Statements forming part of same transaction - exception to hearsay (Section 6).
Estoppel
Party precluded from denying or proving contrary to what they previously asserted.
Actus Reus
The guilty act - physical element of crime that must be proved.
Mens Rea
The guilty mind - mental element required for criminal liability.
Intention
Purpose to bring about particular result - highest degree of mens rea.
Knowledge
Awareness that result is likely to occur - less than intention.
Recklessness
Taking unreasonable risk knowing possible consequences.
Negligence
Failure to exercise reasonable care required by circumstances.
Common Intention
Prearranged plan shared by all participants in crime (Section 34 IPC).
Common Object
Object shared by unlawful assembly - all members liable (Section 149 IPC).
Abetment
Instigating, engaging in conspiracy, or aiding commission of offense (Section 107).
Criminal Conspiracy
Agreement between two or more persons to do illegal act (Section 120A).
Attempt
Doing act with intent to commit crime, beyond preparation (Section 511).
Private Defence
Right to defend body and property against criminal acts (Sections 96-106).
Necessity
Defense that act was done to prevent greater harm - lesser evil.
Insanity Defense
Unsoundness of mind incapable of knowing nature of act (Section 84).
Intoxication
Voluntary intoxication no defense; involuntary may excuse (Section 85-86).
Mistake of Fact
Honest mistake of fact excuses liability (Section 76, 79).
Murder (Section 302)
Culpable homicide amounting to murder - punishable with death or life imprisonment.
Culpable Homicide (Section 299)
Causing death with intention or knowledge that act likely to cause death.
Kidnapping
Taking away person from lawful guardianship (minor/unsound person).
Abduction
Forcibly compelling or inducing person to go from any place.
Rape (Section 375)
Sexual intercourse without consent or with consent obtained by fear/fraud.
Criminal Breach of Trust (Section 405)
Dishonest misappropriation of property entrusted.
Cheating (Section 415)
Deception inducing delivery of property or injury to person deceived.
Defamation (Section 499)
Making or publishing imputation to harm reputation by words or signs.
Sedition (Section 124A)
Bringing hatred or contempt towards government - constitutionality questioned.
Dacoity (Section 391)
Robbery by five or more persons - conjoint offense.
Robbery (Section 390)
Theft with violence or fear of violence.
Extortion (Section 383)
Putting person in fear of injury to obtain property or valuable security.
FIR (Section 154)
First Information Report - written record of information about cognizable offense.
Cognizable Offense
Offense in which police can arrest without warrant and investigate without permission.
Non-Cognizable Offense
Offense requiring magistrate's permission to investigate and warrant to arrest.
Bailable Offense
Offense where bail is a matter of right.
Non-Bailable Offense
Offense where bail is at discretion of court.
Anticipatory Bail (Section 438)
Bail granted in anticipation of arrest - discretionary.
Regular Bail
Bail granted after arrest during investigation or trial.
Default Bail
Bail as of right when investigation not completed within prescribed time (Section 167).
Charge Sheet
Police report to magistrate after completing investigation (Section 173).
Summons Case
Case where offense punishable with imprisonment up to 2 years.
Warrant Case
Case where offense punishable with death, life imprisonment, or over 2 years.
Committal Proceedings
Process of transferring case from Magistrate to Sessions Court.
Plea Bargaining
Accused pleads guilty for lesser sentence - Chapter XXIA CrPC.
Compounding of Offense
Settlement between parties - certain offenses can be compounded (Section 320).
Pacta Sunt Servanda
Treaties must be performed in good faith - fundamental principle of treaty law.
Rebus Sic Stantibus
Treaties may be terminated if circumstances fundamentally change.
Jus Cogens
Peremptory norms of international law from which no derogation permitted.
Erga Omnes
Obligations owed to international community as a whole.
Opinio Juris
Belief that practice is legally obligatory - element of customary international law.
State Practice
Consistent practice of states - element of customary law.
Sovereignty
Supreme authority of state within its territory - foundation of international order.
Non-Intervention
States shall not intervene in internal affairs of other states.
Diplomatic Immunity
Protection of diplomats from jurisdiction of host state (Vienna Convention 1961).
Consular Immunity
Limited immunity for consular officials (Vienna Convention 1963).
Extradition
Surrender of person by one state to another for prosecution or punishment.
Asylum
Protection granted by state to person fleeing persecution in home country.
Non-Refoulement
Prohibition against returning refugees to countries where they face threats.
Ostensible Owner
Person with consent of real owner in possession of property (Section 41 TPA).
Transfer of Property
Act by which person conveys property to another (Section 5 TPA).
Actionable Claim
Claim to debt or beneficial interest that can be enforced in court.
Vested Interest
Present fixed interest in property though enjoyment may be postponed.
Contingent Interest
Interest dependent on uncertain event that may or may not occur.
Mortgage
Transfer of interest in property to secure loan repayment.
Simple Mortgage
Mortgagor personally binds to pay, no property possession transferred.
Usufructuary Mortgage
Mortgagee receives possession and receives rents and profits.
English Mortgage
Mortgagor transfers absolutely with condition of reconveyance.
Equitable Mortgage
Mortgage by deposit of title deeds with creditor.
Lease
Transfer of right to enjoy property for specified time in exchange for rent.
License
Permission to do something on property that would otherwise be unlawful.
Easement
Right to use another's land for specific purpose (dominant and servient estates).
Gift
Transfer of property voluntarily without consideration (Section 122 TPA).
Will
Legal declaration of person's intention for property after death.
Lifting the Corporate Veil
Disregarding separate legal entity to look at members' liability.
Ultra Vires
Acts beyond powers of company as defined in Memorandum.
Doctrine of Indoor Management
Third parties can assume internal procedures followed - Turquand's Rule.
Memorandum of Association
Charter of company defining its objects and powers.
Articles of Association
Internal regulations governing company's management.
Prospectus
Document inviting public to subscribe for securities.
Promoter
Person who conceives the idea of company and brings it into existence.
Dividend
Distribution of profits to shareholders - only from profits.
Debenture
Debt instrument acknowledging loan - creates charge on assets.
Winding Up
Process of dissolution of company and realization of assets.
Oppression and Mismanagement
Remedy for minority shareholders under Sections 241-246.
Corporate Social Responsibility
Mandatory CSR spending for qualifying companies (Section 135).
Void Marriage
Marriage that is null from beginning - no legal effect.
Voidable Marriage
Valid until annulled by court - can be set aside.
Divorce
Legal dissolution of valid marriage.
Judicial Separation
Court order releasing spouses from cohabitation without dissolving marriage.
Restitution of Conjugal Rights
Court order directing spouse to return to matrimonial home.
Maintenance
Financial support to spouse and children - Section 125 CrPC.
Custody
Right to care for and control a child - welfare of child paramount.
Guardianship
Authority over minor's person and property.
Adoption
Legal process creating parent-child relationship.
Legitimacy
Status of child born within valid marriage.
Succession
Transmission of property rights upon death.
Testamentary Succession
Succession according to will made by deceased.
Intestate Succession
Succession when person dies without valid will.
Polluter Pays Principle
Person causing pollution bears cost of clean-up and compensation.
Precautionary Principle
Lack of scientific certainty no reason to postpone environmental protection.
Sustainable Development
Development meeting present needs without compromising future generations.
Public Trust Doctrine
State holds natural resources in trust for public benefit.
Intergenerational Equity
Present generation must preserve environment for future generations.
Environmental Impact Assessment
Study of environmental effects before project approval.
Patent
Exclusive right for invention - 20 years protection.
Copyright
Protection of original literary and artistic works - life plus 60 years.
Trademark
Distinctive sign identifying goods or services - renewable every 10 years.
Trade Secret
Confidential business information providing competitive edge.
Geographical Indication
Sign identifying goods from specific geographical origin with special qualities.
Design Right
Protection for novel design of article - 15 years.
Fair Use
Permitted use of copyrighted work for criticism, review, research.
Compulsory License
Government permission to use patent without owner's consent.
Delegated Legislation
Rules made by executive under authority delegated by legislature.
Natural Justice
Principles of fair procedure - audi alteram partem and nemo judex.
Audi Alteram Partem
Hear the other side - right to be heard before adverse action.
Nemo Judex in Causa Sua
No one should be judge in their own cause - rule against bias.
Reasoned Decision
Duty to give reasons for administrative decisions.
Administrative Tribunal
Body exercising quasi-judicial functions outside regular court system.
Judicial Review
Court's power to examine legality of administrative action.
Unfair Labor Practice
Practices prohibited under labor laws - coercion, discrimination.
Collective Bargaining
Negotiation between employer and workers' representatives.
Industrial Dispute
Dispute between employers and workers relating to employment.
Strike
Concerted cessation of work by workers to enforce demands.
Lockout
Temporary closure of workplace by employer to pressure workers.
Retrenchment
Termination of surplus workers for reasons other than misconduct.
Lay Off
Temporary inability of employer to provide work to workers.
Minimum Wages
Statutory minimum payment to workers - varies by state and industry.