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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.

Legal Principles

Jurisprudence

Legal Principles

The theory or philosophy of law. The study of the principles of law and legal relations.

Legal Procedure

Per curiam

Legal Procedure

By the court as a whole. A decision of the entire court rather than an individual judge.

Criminal Law

Corpus delicti

Criminal Law

Body of the crime. The fact that a crime has been committed, which must be proved before conviction.

Property Law

Habendum clause

Property Law

The part of a deed that defines the extent of ownership being granted.

Legal Procedure

In limine

Legal Procedure

At the outset. A motion made before or at the start of trial requesting certain evidence be excluded.

Legal Principles

Noscitur a sociis

Legal Principles

It is known by its associates. A principle of statutory interpretation where the meaning of a word is gathered from its context.

Legal Principles

Ejusdem generis

Legal Principles

Of the same kind. A principle where general words following specific words are limited to things of the same type.

Legal Principles

Expressio unius est exclusio alterius

Legal Principles

The expression of one thing is the exclusion of another. Mentioning one thing implies exclusion of others.

Legal Maxims

Mala fide

Legal Maxims

In bad faith. Done with bad or fraudulent intent.

Legal Principles

Functus officio

Legal Principles

Having discharged the office. When an official has completed their duty, they lose authority over the matter.

Legal Procedure

Caveat

Legal Procedure

A warning or caution. A formal notice to a court to suspend proceedings until the filer is heard.

Civil Law

Garnishment

Civil Law

A legal process for collecting a monetary judgment by directing a third party to pay the debtor's money to the creditor.

Property Law

Easement

Property Law

A right to use another person's land for a stated purpose, such as right of way.

Property Law

Escheat

Property Law

The reversion of property to the state when there are no legal heirs.

Property Law

Encumbrance

Property Law

A claim or liability attached to property, such as a mortgage or lien.

Property Law

Foreclosure

Property Law

A legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of the mortgaged property.

Civil Law

Garnishee

Civil Law

A third party who holds property or money belonging to a judgment debtor.

Succession Law

Intestate

Succession Law

Dying without a valid will. The estate is distributed according to succession laws.

Succession Law

Testate

Succession Law

Dying with a valid will in place.

Succession Law

Probate

Succession Law

The legal process of proving a will and distributing the estate of a deceased person.

Succession Law

Administrator

Succession Law

A person appointed by the court to manage the estate of a deceased person who died intestate.

Succession Law

Executor

Succession Law

A person named in a will to carry out the deceased's wishes and manage the estate.

Succession Law

Codicil

Succession Law

A supplement or addition to a will that modifies, explains, or revokes provisions in it.

Succession Law

Legatee

Succession Law

A person who receives personal property under a will.

Succession Law

Devisee

Succession Law

A person who receives real property under a will.

Succession Law

Ademption

Succession Law

The revocation of a gift in a will by disposing of the gifted property before death.

Succession Law

Lapse

Succession Law

The failure of a testamentary gift when the beneficiary dies before the testator.

Legal Procedure

Attestation

Legal Procedure

The act of witnessing the execution of a written instrument and subscribing as a witness.

Legal Procedure

Notarization

Legal Procedure

The official act of a notary public in certifying the authenticity of a signature or document.

Legal Documents

Power of Attorney

Legal Documents

A written authorization allowing one person to act on behalf of another in legal or financial matters.

Property Law

Trust

Property Law

A fiduciary arrangement where one party (trustee) holds property for the benefit of another (beneficiary).

Property Law

Trustee

Property Law

A person who holds and manages property for the benefit of another.

Legal Terms

Beneficiary

Legal Terms

A person who benefits from a trust, will, or insurance policy.

Legal Principles

Fiduciary

Legal Principles

A person in a position of trust who owes a duty of care and loyalty to another.

Legal Principles

Good Faith

Legal Principles

Honest intention to act without taking unfair advantage of another person.

Tort Law

Gross Negligence

Tort Law

A severe degree of negligence representing a conscious and voluntary disregard of the need to use reasonable care.

Tort Law

Contributory Negligence

Tort Law

A defense where the plaintiff's own negligence contributed to their injury, potentially reducing damages.

Tort Law

Comparative Negligence

Tort Law

A system where damages are reduced based on the plaintiff's degree of fault.

Tort Law

Proximate Cause

Tort Law

An act or omission that naturally and directly produces a consequence, forming the basis of liability.

Contract Law

Novation

Contract Law

The substitution of a new contract, debt, or obligation for an existing one by mutual agreement.

Contract Law

Rescission

Contract Law

The cancellation or annulment of a contract, restoring parties to their original positions.

Contract Law

Quantum Meruit

Contract Law

As much as is deserved. A claim for reasonable payment for services rendered when no price was agreed.

Contract Law

Force Majeure

Contract Law

An unforeseeable circumstance (like natural disaster) that prevents someone from fulfilling a contract.

Contract Law

Liquidated Damages

Contract Law

A predetermined amount of money agreed upon in a contract to be paid if the contract is breached.

Contract Law

Penalty Clause

Contract Law

A contractual provision imposing a payment in case of breach, intended to punish rather than compensate.

Tort Law

Innuendo

Tort Law

In defamation law, an indirect or subtle derogatory implication in a statement.

Tort Law

Slander of Goods

Tort Law

A false statement that disparages the quality of someone's goods or products.

Tort Law

Passing Off

Tort Law

Misrepresenting one's goods or services as those of another to gain unfair advantage.

Tort Law

Malicious Prosecution

Tort Law

Initiating criminal or civil proceedings without reasonable cause and with malicious intent.

Legal Principles

Champerty

Legal Principles

An agreement where a person finances another's lawsuit in return for a share of the proceeds.

Legal Principles

Barratry

Legal Principles

Vexatious incitement to litigation or the offense of persistently stirring up quarrels.

Legal Procedure

Subpoena

Legal Procedure

A legal document ordering someone to attend court as a witness or produce documents.

Legal Procedure

Subpoena Duces Tecum

Legal Procedure

A court order requiring a person to produce documents or records at a proceeding.

Legal Procedure

Deposition

Legal Procedure

A witness's sworn out-of-court testimony recorded for later use in court.

Legal Procedure

Discovery

Legal Procedure

The pre-trial phase where parties gather evidence from each other and third parties.

Legal Procedure

Interrogatories

Legal Procedure

Written questions sent by one party to another to be answered under oath during discovery.

Legal Procedure

Voir Dire

Legal Procedure

The preliminary examination of potential jurors or witnesses to determine their qualifications.

Legal Procedure

Rebuttal

Legal Procedure

Evidence or argument presented to contradict or disprove the opposing party's case.

Legal Procedure

Cross-examination

Legal Procedure

The questioning of a witness by the opposing party to challenge their testimony.

Evidence Law

Hearsay

Evidence Law

Second-hand evidence where a witness testifies not from personal knowledge but from what others said. Generally inadmissible.

Evidence Law

Direct Evidence

Evidence Law

Evidence that directly proves a fact, such as eyewitness testimony.

Evidence Law

Circumstantial Evidence

Evidence Law

Indirect evidence that implies a fact but does not directly prove it.

Evidence Law

Corroboration

Evidence Law

Additional evidence that strengthens or confirms what has already been established.

Evidence Law

Judicial Notice

Evidence Law

A court's acceptance of a fact as true without requiring proof because it is commonly known.

Evidence Law

Privilege

Evidence Law

A legal right to withhold information from disclosure, such as attorney-client privilege.

Evidence Law

Leading Question

Evidence Law

A question that suggests the answer or contains the information the questioner seeks to have confirmed.

Evidence Law

Burden of Proof

Evidence Law

The obligation to prove one's assertion in a legal proceeding.

Evidence Law

Standard of Proof

Evidence Law

The level of certainty required to prove a case (e.g., beyond reasonable doubt in criminal; preponderance of evidence in civil).

Evidence Law

Preponderance of Evidence

Evidence Law

The standard of proof in civil cases, meaning more likely than not (over 50% certainty).

Evidence Law

Beyond Reasonable Doubt

Evidence Law

The high standard of proof required in criminal cases before conviction.

Evidence Law

Admissibility

Evidence Law

The acceptability of evidence in court according to the rules of evidence.

Evidence Law

Relevance

Evidence Law

The tendency of evidence to make a material fact more or less probable.

Evidence Law

Materiality

Evidence Law

The significance of evidence to the issues in the case.

Evidence Law

Impeachment

Evidence Law

Attacking the credibility of a witness through contradictions or character evidence.

Evidence Law

Rehabilitation

Evidence Law

The process of restoring the credibility of a witness after impeachment.

Evidence Law

Expert Witness

Evidence Law

A person with specialized knowledge who testifies to help the court understand complex issues.

Evidence Law

Lay Witness

Evidence Law

An ordinary witness who testifies based on personal knowledge, not specialized expertise.

Evidence Law

Character Evidence

Evidence Law

Evidence about a person's character traits, generally inadmissible to prove conduct in criminal cases.

Evidence Law

Chain of Custody

Evidence Law

The chronological documentation showing seizure, custody, control, transfer, and disposition of evidence.

Evidence Law

Forensic Evidence

Evidence Law

Scientific evidence (DNA, fingerprints, etc.) used in legal proceedings.

Criminal Law

Arraignment

Criminal Law

A court proceeding where the accused is formally charged and enters a plea.

Criminal Law

Indictment

Criminal Law

A formal written accusation charging a person with a crime, issued by a grand jury.

Criminal Law

Grand Jury

Criminal Law

A group of citizens who review evidence to determine if criminal charges should be filed.

Criminal Law

Petit Jury

Criminal Law

The trial jury that hears evidence and decides the verdict in a case.

Criminal Law

Hung Jury

Criminal Law

A jury unable to reach a unanimous verdict, resulting in a mistrial.

Legal Procedure

Mistrial

Legal Procedure

A trial that is terminated before its normal conclusion due to fundamental error or hung jury.

Legal Procedure

Remand

Legal Procedure

Returning a case to a lower court for further proceedings or sending an accused back to custody.

Legal Procedure

Recuse

Legal Procedure

A judge voluntarily withdrawing from a case due to a potential conflict of interest.

Legal Procedure

Recusal

Legal Procedure

The act of a judge disqualifying themselves from hearing a case.

Legal Procedure

In Camera

Legal Procedure

In chambers. A private hearing conducted in the judge's office or closed courtroom.

Legal Procedure

Ex Parte

Legal Procedure

On behalf of one party only, without the other party being present or notified.

Legal Procedure

Interlocutory

Legal Procedure

Temporary or provisional; not final. An interlocutory order is made during the course of proceedings.

Legal Procedure

Stay Order

Legal Procedure

A court order suspending judicial proceedings or enforcement of a judgment.

Legal Procedure

Contempt of Court

Legal Procedure

Disobedience or disrespect towards a court of law, punishable by fine or imprisonment.

Criminal Law

Perjury

Criminal Law

The criminal offense of making false statements under oath.

Criminal Law

Obstruction of Justice

Criminal Law

Interfering with the administration of justice, such as tampering with evidence or witnesses.

Criminal Law

Embezzlement

Criminal Law

Theft or misappropriation of funds placed in one's trust or belonging to one's employer.

Criminal Law

Forgery

Criminal Law

Making, altering, or imitating a document with intent to defraud.

Criminal Law

Fraud

Criminal Law

Intentional deception for personal gain or to damage another individual.

Criminal Law

Larceny

Criminal Law

The unlawful taking of another person's property with intent to permanently deprive them of it.

Criminal Law

Burglary

Criminal Law

Unlawful entry into a building with intent to commit a crime, especially theft.

Criminal Law

Arson

Criminal Law

The criminal act of deliberately setting fire to property.

Criminal Law

Vandalism

Criminal Law

Deliberate destruction of or damage to public or private property.

Criminal Law

Manslaughter

Criminal Law

The unlawful killing of a human being without malice aforethought, less serious than murder.

Criminal Law

Homicide

Criminal Law

The killing of one person by another, which may be lawful or unlawful.

Criminal Law

Infanticide

Criminal Law

The killing of an infant, especially by a parent.

Criminal Law

Patricide

Criminal Law

The killing of one's father.

Criminal Law

Matricide

Criminal Law

The killing of one's mother.

Constitution

Doctrine of Eclipse

Constitution

Pre-constitutional laws inconsistent with Fundamental Rights are not dead but eclipsed, and revive when the FRs are amended.

Constitution

Doctrine of Severability

Constitution

Only the unconstitutional part of a law is void; the rest remains valid if separable.

Constitution

Colourable Legislation

Constitution

Legislature cannot do indirectly what it cannot do directly; substance over form is examined.

Constitution

Pith and Substance

Constitution

Doctrine to determine the true nature of legislation when challenged for legislative competence.

Constitution

Territorial Nexus

Constitution

State laws can have extra-territorial operation if there is sufficient connection with the state.

Constitution

Doctrine of Harmonious Construction

Constitution

Conflicting constitutional provisions should be interpreted to give effect to both.

Constitution

Repugnancy Doctrine

Constitution

When state law conflicts with central law on Concurrent List, central law prevails (Article 254).

Constitution

Doctrine of Pleasure

Constitution

Civil servants hold office at the pleasure of the President/Governor (Article 310).

Constitution

Doctrine of Legitimate Expectation

Constitution

Citizens have right to expect fair treatment from government based on past practices.

Constitution

Wednesbury Principle

Constitution

Administrative decision unreasonable if no reasonable authority would ever have come to it.

Constitution

Chevron Deference

Constitution

Courts defer to reasonable agency interpretations of ambiguous statutes they administer.

Constitution

Proportionality Test

Constitution

Government action must be proportionate to the legitimate aim pursued (K.S. Puttaswamy).

Constitution

Article 14

Constitution

Equality before law and equal protection of laws within the territory of India.

Constitution

Article 19

Constitution

Guarantees six freedoms to citizens: speech, assembly, association, movement, residence, profession.

Constitution

Article 21

Constitution

Protection of life and personal liberty - cannot be deprived except by procedure established by law.

Constitution

Article 21A

Constitution

Right to education for children aged 6-14 years (inserted by 86th Amendment, 2002).

Constitution

Article 32

Constitution

Right to Constitutional Remedies - "Heart and Soul of the Constitution" - Dr. Ambedkar.

Constitution

Article 226

Constitution

Power of High Courts to issue writs for enforcement of FRs and other legal rights.

Constitution

Habeas Corpus

Constitution

Writ commanding production of detained person to examine legality of detention.

Constitution

Mandamus

Constitution

Writ commanding public authority to perform its statutory duty.

Constitution

Certiorari

Constitution

Writ to quash an order of inferior court/tribunal acting without jurisdiction.

Constitution

Prohibition

Constitution

Writ to prevent inferior court from exceeding jurisdiction or usurping it.

Constitution

Quo Warranto

Constitution

Writ challenging the authority by which a person holds public office.

Legal Maxim

Salus Populi Suprema Lex

Legal Maxim

The welfare of the people is the supreme law.

Legal Maxim

Rex Non Potest Peccare

Legal Maxim

The King can do no wrong - basis of sovereign immunity.

Legal Maxim

Delegatus Non Potest Delegare

Legal Maxim

A delegate cannot further delegate - limits on delegated authority.

Legal Maxim

Expressio Unius Est Exclusio Alterius

Legal Maxim

The expression of one thing implies the exclusion of another.

Legal Maxim

Generalia Specialibus Non Derogant

Legal Maxim

General provisions do not derogate from special provisions.

Legal Maxim

Ei Incumbit Probatio Qui Dicit

Legal Maxim

The burden of proof lies on him who affirms, not on him who denies.

Legal Maxim

In Pari Delicto

Legal Maxim

In equal fault - when both parties are equally at fault, court leaves them as they are.

Legal Maxim

Nullum Crimen Sine Lege

Legal Maxim

No crime without law - act is not crime unless declared so by statute.

Legal Maxim

Nulla Poena Sine Lege

Legal Maxim

No punishment without law - punishment must be authorized by law.

Legal Maxim

Lex Loci Delicti

Legal Maxim

Law of the place where the wrong was committed governs the case.

Legal Maxim

Lex Fori

Legal Maxim

Law of the forum - procedural matters governed by court where case is heard.

Legal Maxim

Volenti Non Fit Injuria

Legal Maxim

To a willing person, no injury is done - consent as defense.

Legal Maxim

Injuria Sine Damno

Legal Maxim

Legal injury without actual damage - actionable per se.

Legal Maxim

Damnum Sine Injuria

Legal Maxim

Damage without legal injury - not actionable.

Legal Maxim

Ubi Jus Ibi Remedium

Legal Maxim

Where there is a right, there is a remedy.

Contract Law

Consensus Ad Idem

Contract Law

Meeting of minds - essential for valid contract formation.

Contract Law

Privity of Contract

Contract Law

Only parties to a contract can sue or be sued under it.

Contract Law

Quantum Meruit

Contract Law

As much as deserved - reasonable value for work done or services rendered.

Contract Law

Caveat Emptor

Contract Law

Let the buyer beware - buyer must examine goods before purchase.

Contract Law

Caveat Venditor

Contract Law

Let the seller beware - seller liable for latent defects.

Contract Law

Promissory Estoppel

Contract Law

Promise reasonably relied upon is binding even without consideration.

Contract Law

Frustration of Contract

Contract Law

Contract becomes impossible to perform due to supervening event (Section 56).

Contract Law

Anticipatory Breach

Contract Law

Repudiation of contract before due date of performance.

Contract Law

Liquidated Damages

Contract Law

Pre-determined damages stipulated in the contract itself.

Contract Law

Penalty Clause

Contract Law

Excessive sum fixed as damages, courts may grant only reasonable compensation.

Contract Law

Novation

Contract Law

Substitution of new contract for existing one, or change of parties.

Contract Law

Rescission

Contract Law

Cancellation of contract, restoring parties to pre-contractual position.

Contract Law

Specific Performance

Contract Law

Equitable remedy compelling party to perform contract obligations.

Contract Law

Injunction

Contract Law

Court order restraining a party from doing or continuing an act.

Contract Law

Force Majeure

Contract Law

Unforeseeable circumstances preventing fulfillment of contract.

Contract Law

Contra Proferentem

Contract Law

Ambiguous terms interpreted against the party who drafted them.

Tort Law

Strict Liability

Tort Law

Liability without fault - applies to inherently dangerous activities (Rylands v Fletcher).

Tort Law

Absolute Liability

Tort Law

No escape from liability even with due care - M.C. Mehta v Union of India.

Tort Law

Vicarious Liability

Tort Law

Liability of one person for tortious act of another (employer for employee).

Tort Law

Res Ipsa Loquitur

Tort Law

The thing speaks for itself - negligence inferred from facts.

Tort Law

Contributory Negligence

Tort Law

Plaintiff's own negligence contributed to injury - reduces damages.

Tort Law

Last Opportunity Rule

Tort Law

Person with last chance to avoid accident is liable.

Tort Law

Nuisance

Tort Law

Unreasonable interference with use and enjoyment of land.

Tort Law

Private Nuisance

Tort Law

Interference affecting specific individual or their property.

Tort Law

Public Nuisance

Tort Law

Act affecting general public at large - a criminal offense.

Tort Law

Defamation

Tort Law

Publication of false statement injurious to reputation.

Tort Law

Libel

Tort Law

Defamation in permanent form - writing, pictures, broadcast.

Tort Law

Slander

Tort Law

Defamation in transient form - spoken words or gestures.

Tort Law

Assault

Tort Law

Intentional act causing reasonable apprehension of immediate harmful contact.

Tort Law

Battery

Tort Law

Intentional and direct application of force to another person.

Tort Law

False Imprisonment

Tort Law

Unlawful restraint on personal liberty without lawful justification.

Tort Law

Malicious Prosecution

Tort Law

Instituting criminal proceedings maliciously without reasonable cause.

Tort Law

Trespass to Land

Tort Law

Direct interference with land in possession of another.

Tort Law

Trespass to Person

Tort Law

Direct interference with body of another - assault, battery, false imprisonment.

Tort Law

Conversion

Tort Law

Intentional dealing with goods inconsistent with owner's rights.

Evidence Law

Burden of Proof

Evidence Law

Obligation to prove a fact - generally on party asserting the fact.

Evidence Law

Standard of Proof

Evidence Law

Degree of proof required - beyond reasonable doubt (criminal), preponderance (civil).

Evidence Law

Direct Evidence

Evidence Law

Evidence that directly proves a fact without inference.

Evidence Law

Circumstantial Evidence

Evidence Law

Evidence from which fact is inferred - chain must be complete.

Evidence Law

Hearsay Evidence

Evidence Law

Statement made out of court offered to prove truth of matter stated - generally inadmissible.

Evidence Law

Dying Declaration

Evidence Law

Statement made by person as to cause of death believing death imminent (Section 32).

Evidence Law

Admission

Evidence Law

Statement suggesting inference about fact in issue made by party (Section 17).

Evidence Law

Confession

Evidence Law

Admission of guilt by accused person (Section 24-30).

Evidence Law

Judicial Confession

Evidence Law

Confession made before magistrate - admissible against maker.

Evidence Law

Extra-Judicial Confession

Evidence Law

Confession made outside court - requires corroboration.

Evidence Law

Primary Evidence

Evidence Law

Original document itself - best evidence rule (Section 64).

Evidence Law

Secondary Evidence

Evidence Law

Copy or oral account of document when original unavailable (Section 65).

Evidence Law

Documentary Evidence

Evidence Law

All documents produced for court's inspection (Section 3).

Evidence Law

Oral Evidence

Evidence Law

Statements made by witnesses before court (Section 59-60).

Evidence Law

Expert Opinion

Evidence Law

Opinion of skilled person on matters requiring special knowledge (Section 45).

Evidence Law

Hostile Witness

Evidence Law

Witness turning hostile to party calling them - can be cross-examined.

Evidence Law

Accomplice Evidence

Evidence Law

Evidence by person participating in crime - requires corroboration.

Evidence Law

Res Gestae

Evidence Law

Statements forming part of same transaction - exception to hearsay (Section 6).

Evidence Law

Estoppel

Evidence Law

Party precluded from denying or proving contrary to what they previously asserted.

Criminal Law

Actus Reus

Criminal Law

The guilty act - physical element of crime that must be proved.

Criminal Law

Mens Rea

Criminal Law

The guilty mind - mental element required for criminal liability.

Criminal Law

Intention

Criminal Law

Purpose to bring about particular result - highest degree of mens rea.

Criminal Law

Knowledge

Criminal Law

Awareness that result is likely to occur - less than intention.

Criminal Law

Recklessness

Criminal Law

Taking unreasonable risk knowing possible consequences.

Criminal Law

Negligence

Criminal Law

Failure to exercise reasonable care required by circumstances.

Criminal Law

Common Intention

Criminal Law

Prearranged plan shared by all participants in crime (Section 34 IPC).

Criminal Law

Common Object

Criminal Law

Object shared by unlawful assembly - all members liable (Section 149 IPC).

Criminal Law

Abetment

Criminal Law

Instigating, engaging in conspiracy, or aiding commission of offense (Section 107).

Criminal Law

Criminal Conspiracy

Criminal Law

Agreement between two or more persons to do illegal act (Section 120A).

Criminal Law

Attempt

Criminal Law

Doing act with intent to commit crime, beyond preparation (Section 511).

Criminal Law

Private Defence

Criminal Law

Right to defend body and property against criminal acts (Sections 96-106).

Criminal Law

Necessity

Criminal Law

Defense that act was done to prevent greater harm - lesser evil.

Criminal Law

Insanity Defense

Criminal Law

Unsoundness of mind incapable of knowing nature of act (Section 84).

Criminal Law

Intoxication

Criminal Law

Voluntary intoxication no defense; involuntary may excuse (Section 85-86).

Criminal Law

Mistake of Fact

Criminal Law

Honest mistake of fact excuses liability (Section 76, 79).

Criminal Law

Murder (Section 302)

Criminal Law

Culpable homicide amounting to murder - punishable with death or life imprisonment.

Criminal Law

Culpable Homicide (Section 299)

Criminal Law

Causing death with intention or knowledge that act likely to cause death.

Criminal Law

Kidnapping

Criminal Law

Taking away person from lawful guardianship (minor/unsound person).

Criminal Law

Abduction

Criminal Law

Forcibly compelling or inducing person to go from any place.

Criminal Law

Rape (Section 375)

Criminal Law

Sexual intercourse without consent or with consent obtained by fear/fraud.

Criminal Law

Criminal Breach of Trust (Section 405)

Criminal Law

Dishonest misappropriation of property entrusted.

Criminal Law

Cheating (Section 415)

Criminal Law

Deception inducing delivery of property or injury to person deceived.

Criminal Law

Defamation (Section 499)

Criminal Law

Making or publishing imputation to harm reputation by words or signs.

Criminal Law

Sedition (Section 124A)

Criminal Law

Bringing hatred or contempt towards government - constitutionality questioned.

Criminal Law

Dacoity (Section 391)

Criminal Law

Robbery by five or more persons - conjoint offense.

Criminal Law

Robbery (Section 390)

Criminal Law

Theft with violence or fear of violence.

Criminal Law

Extortion (Section 383)

Criminal Law

Putting person in fear of injury to obtain property or valuable security.

Criminal Procedure

FIR (Section 154)

Criminal Procedure

First Information Report - written record of information about cognizable offense.

Criminal Procedure

Cognizable Offense

Criminal Procedure

Offense in which police can arrest without warrant and investigate without permission.

Criminal Procedure

Non-Cognizable Offense

Criminal Procedure

Offense requiring magistrate's permission to investigate and warrant to arrest.

Criminal Procedure

Bailable Offense

Criminal Procedure

Offense where bail is a matter of right.

Criminal Procedure

Non-Bailable Offense

Criminal Procedure

Offense where bail is at discretion of court.

Criminal Procedure

Anticipatory Bail (Section 438)

Criminal Procedure

Bail granted in anticipation of arrest - discretionary.

Criminal Procedure

Regular Bail

Criminal Procedure

Bail granted after arrest during investigation or trial.

Criminal Procedure

Default Bail

Criminal Procedure

Bail as of right when investigation not completed within prescribed time (Section 167).

Criminal Procedure

Charge Sheet

Criminal Procedure

Police report to magistrate after completing investigation (Section 173).

Criminal Procedure

Summons Case

Criminal Procedure

Case where offense punishable with imprisonment up to 2 years.

Criminal Procedure

Warrant Case

Criminal Procedure

Case where offense punishable with death, life imprisonment, or over 2 years.

Criminal Procedure

Committal Proceedings

Criminal Procedure

Process of transferring case from Magistrate to Sessions Court.

Criminal Procedure

Plea Bargaining

Criminal Procedure

Accused pleads guilty for lesser sentence - Chapter XXIA CrPC.

Criminal Procedure

Compounding of Offense

Criminal Procedure

Settlement between parties - certain offenses can be compounded (Section 320).

International Law

Pacta Sunt Servanda

International Law

Treaties must be performed in good faith - fundamental principle of treaty law.

International Law

Rebus Sic Stantibus

International Law

Treaties may be terminated if circumstances fundamentally change.

International Law

Jus Cogens

International Law

Peremptory norms of international law from which no derogation permitted.

International Law

Erga Omnes

International Law

Obligations owed to international community as a whole.

International Law

Opinio Juris

International Law

Belief that practice is legally obligatory - element of customary international law.

International Law

State Practice

International Law

Consistent practice of states - element of customary law.

International Law

Sovereignty

International Law

Supreme authority of state within its territory - foundation of international order.

International Law

Non-Intervention

International Law

States shall not intervene in internal affairs of other states.

International Law

Diplomatic Immunity

International Law

Protection of diplomats from jurisdiction of host state (Vienna Convention 1961).

International Law

Consular Immunity

International Law

Limited immunity for consular officials (Vienna Convention 1963).

International Law

Extradition

International Law

Surrender of person by one state to another for prosecution or punishment.

International Law

Asylum

International Law

Protection granted by state to person fleeing persecution in home country.

International Law

Non-Refoulement

International Law

Prohibition against returning refugees to countries where they face threats.

Property Law

Ostensible Owner

Property Law

Person with consent of real owner in possession of property (Section 41 TPA).

Property Law

Transfer of Property

Property Law

Act by which person conveys property to another (Section 5 TPA).

Property Law

Actionable Claim

Property Law

Claim to debt or beneficial interest that can be enforced in court.

Property Law

Vested Interest

Property Law

Present fixed interest in property though enjoyment may be postponed.

Property Law

Contingent Interest

Property Law

Interest dependent on uncertain event that may or may not occur.

Property Law

Mortgage

Property Law

Transfer of interest in property to secure loan repayment.

Property Law

Simple Mortgage

Property Law

Mortgagor personally binds to pay, no property possession transferred.

Property Law

Usufructuary Mortgage

Property Law

Mortgagee receives possession and receives rents and profits.

Property Law

English Mortgage

Property Law

Mortgagor transfers absolutely with condition of reconveyance.

Property Law

Equitable Mortgage

Property Law

Mortgage by deposit of title deeds with creditor.

Property Law

Lease

Property Law

Transfer of right to enjoy property for specified time in exchange for rent.

Property Law

License

Property Law

Permission to do something on property that would otherwise be unlawful.

Property Law

Easement

Property Law

Right to use another's land for specific purpose (dominant and servient estates).

Property Law

Gift

Property Law

Transfer of property voluntarily without consideration (Section 122 TPA).

Property Law

Will

Property Law

Legal declaration of person's intention for property after death.

Company Law

Lifting the Corporate Veil

Company Law

Disregarding separate legal entity to look at members' liability.

Company Law

Ultra Vires

Company Law

Acts beyond powers of company as defined in Memorandum.

Company Law

Doctrine of Indoor Management

Company Law

Third parties can assume internal procedures followed - Turquand's Rule.

Company Law

Memorandum of Association

Company Law

Charter of company defining its objects and powers.

Company Law

Articles of Association

Company Law

Internal regulations governing company's management.

Company Law

Prospectus

Company Law

Document inviting public to subscribe for securities.

Company Law

Promoter

Company Law

Person who conceives the idea of company and brings it into existence.

Company Law

Dividend

Company Law

Distribution of profits to shareholders - only from profits.

Company Law

Debenture

Company Law

Debt instrument acknowledging loan - creates charge on assets.

Company Law

Winding Up

Company Law

Process of dissolution of company and realization of assets.

Company Law

Oppression and Mismanagement

Company Law

Remedy for minority shareholders under Sections 241-246.

Company Law

Corporate Social Responsibility

Company Law

Mandatory CSR spending for qualifying companies (Section 135).

Family Law

Void Marriage

Family Law

Marriage that is null from beginning - no legal effect.

Family Law

Voidable Marriage

Family Law

Valid until annulled by court - can be set aside.

Family Law

Divorce

Family Law

Legal dissolution of valid marriage.

Family Law

Judicial Separation

Family Law

Court order releasing spouses from cohabitation without dissolving marriage.

Family Law

Restitution of Conjugal Rights

Family Law

Court order directing spouse to return to matrimonial home.

Family Law

Maintenance

Family Law

Financial support to spouse and children - Section 125 CrPC.

Family Law

Custody

Family Law

Right to care for and control a child - welfare of child paramount.

Family Law

Guardianship

Family Law

Authority over minor's person and property.

Family Law

Adoption

Family Law

Legal process creating parent-child relationship.

Family Law

Legitimacy

Family Law

Status of child born within valid marriage.

Family Law

Succession

Family Law

Transmission of property rights upon death.

Family Law

Testamentary Succession

Family Law

Succession according to will made by deceased.

Family Law

Intestate Succession

Family Law

Succession when person dies without valid will.

Environmental Law

Polluter Pays Principle

Environmental Law

Person causing pollution bears cost of clean-up and compensation.

Environmental Law

Precautionary Principle

Environmental Law

Lack of scientific certainty no reason to postpone environmental protection.

Environmental Law

Sustainable Development

Environmental Law

Development meeting present needs without compromising future generations.

Environmental Law

Public Trust Doctrine

Environmental Law

State holds natural resources in trust for public benefit.

Environmental Law

Intergenerational Equity

Environmental Law

Present generation must preserve environment for future generations.

Environmental Law

Environmental Impact Assessment

Environmental Law

Study of environmental effects before project approval.

IP Law

Patent

IP Law

Exclusive right for invention - 20 years protection.

IP Law

Copyright

IP Law

Protection of original literary and artistic works - life plus 60 years.

IP Law

Trademark

IP Law

Distinctive sign identifying goods or services - renewable every 10 years.

IP Law

Trade Secret

IP Law

Confidential business information providing competitive edge.

IP Law

Geographical Indication

IP Law

Sign identifying goods from specific geographical origin with special qualities.

IP Law

Design Right

IP Law

Protection for novel design of article - 15 years.

IP Law

Fair Use

IP Law

Permitted use of copyrighted work for criticism, review, research.

IP Law

Compulsory License

IP Law

Government permission to use patent without owner's consent.

Administrative Law

Delegated Legislation

Administrative Law

Rules made by executive under authority delegated by legislature.

Administrative Law

Natural Justice

Administrative Law

Principles of fair procedure - audi alteram partem and nemo judex.

Administrative Law

Audi Alteram Partem

Administrative Law

Hear the other side - right to be heard before adverse action.

Administrative Law

Nemo Judex in Causa Sua

Administrative Law

No one should be judge in their own cause - rule against bias.

Administrative Law

Reasoned Decision

Administrative Law

Duty to give reasons for administrative decisions.

Administrative Law

Administrative Tribunal

Administrative Law

Body exercising quasi-judicial functions outside regular court system.

Administrative Law

Judicial Review

Administrative Law

Court's power to examine legality of administrative action.

Labor Law

Unfair Labor Practice

Labor Law

Practices prohibited under labor laws - coercion, discrimination.

Labor Law

Collective Bargaining

Labor Law

Negotiation between employer and workers' representatives.

Labor Law

Industrial Dispute

Labor Law

Dispute between employers and workers relating to employment.

Labor Law

Strike

Labor Law

Concerted cessation of work by workers to enforce demands.

Labor Law

Lockout

Labor Law

Temporary closure of workplace by employer to pressure workers.

Labor Law

Retrenchment

Labor Law

Termination of surplus workers for reasons other than misconduct.

Labor Law

Lay Off

Labor Law

Temporary inability of employer to provide work to workers.

Labor Law

Minimum Wages

Labor Law

Statutory minimum payment to workers - varies by state and industry.

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