Glossary of Legal Maxims or Legal Terms
Here are few of the Legal Terms to keep in mind.
1. Acquittal – A verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
2. Act in Pais – Judicial or any other act which is performed out of court and not a matter of record.
3. Acta Exteriora Indicant Interiora Secreta – Outward acts indicate the thoughts, which are hidden within.
4. Actio Non Datur Non Damnifacto – A person who has not suffered any damage will not have a cause of action.
5. Actus Non Facit Reum Nisi Mens Sit Rea – The act itself does not constitute guilt unless done with a guilty mind.
6. Ad Quaestionem Facti Non Respondent Judices – The judges do not answer to a question of fact, the jury do not answer to a question of law.
7. Affidavit – A written or printed statement made under oath.
8. Amicus curiae – Latin for “friend of the court.” It is an advice that is formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
9. Anticipatory Bail – When the court feels that the accused is falsely involved in the case and arrest would harm his honour and dignity than with imposing certain conditions could grant anticipatory or pre arrest bail to the accused person.
10. Appellant – The party who appeals a district court’s decision, usually seeking reversal of that decision.
11. Audi Alter Partem – Listen to the other side.
12. Cassetur illa – Let the bill be quashed.
13. Certiorari – Literal meaning is ‘certified’ . An extraordinary writ issued by a superior court to call up the records of a particular case from an inferior judicial body.
14. Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing.
15. Conviction – A judgment of guilt against a criminal defendant.
16. Damnum Sine Injuria – Damage without violation of a lawful right is not actionable in a court of law.
17. De facto – A state of affairs that is true in fact, but that is not officially sanctioned.
18. De jure – A state of affairs that is in accordance with law.
19. Defendant – An individual or organisation against whom a lawsuit is filed.
20. Delegatus Non Potest Delegare – A delegate cannot further delegate.
21. Doctrine of Incidental and Ancillary Powers – Power to legislate on a subject and also includes power to legislate on ancillary powers reasonably connected to that subject.
22. Ex parte – A proceeding brought before a court by one party only, without notice to or challenge by the other side.
23. 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.
24. Ignorantia Juris Non Excusat – Ignorance of law is no excuse.
25. Injunction – A court order preventing one or more named parties from taking some action.
26. Injuria Sine Damno – Injury caused to a party without actually suffering any physical harm or damage.
27. La Principe De Legalite – ‘The Principle of Legality’ which means no one is above law and everyone must abide with the law.
28. Mandamus – An order directed to a private corporation, or any of its officers, or to an executive, administrative,or judicial officer or to a lower court, commanding the performance of a particular act.
29. Nemo Judex In Causa Sua – No one should be a judge in his/her own case.
30. Omnia Praesumuntur Contra Spoliatorem – All things are presumed against a wrongdoer.
31. Plaintiff – A person or organisation that files a formal complaint with the court.
32. Precedent – The judges use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues.
33. Pro tem – Temporary.
34. Public Interest Litigation – In cases where those suffering can not afford to bring a lawsuit themselves or for other reasons do not have access to the legal system, PIL can be filed.
35. Res Ipsa Loquitor – The principle that the occurrence of an accident implies negligence.
36. Rex Non Debet Judicare Sed Secundum Legem – The king ought not to judge according to his own whims and wishes, but according to the law.
37. Salus Populi Suprema Lex – Welfare of the people shall be the supreme law.
38. Sine Quo Non – An essential condition; a thing that is absolutely necessary.
39. Sub Judice – A matter pending a decision by a court is called sub judice. Parties to such a matter should not do anything that would affect the outcome of the case.
40. Suo Motu – The court may take action on its own when facts requiring legal intervention reach its notice. Then the court is said to be suo moto.
41. Trias Politica – Separation of Power
42. Ubi Jus Ibi Idem Remedium – Where there is a right, there is a remedy.
43. Vigilantibuset Non Domientibus, Jura Subveniunt – The law assists those who are vigilant, not those who sleep over their rights.
44. Void – Has no legal effect.
45. Void ab initio – Void from the beginning.
46. Volenti non fit injuria – That one who knowingly and voluntarily consents to take on a risk, he has no remedy for that.
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