Assignment A

Under this heading I have incorporated information pertaining to legal aptitude in the form of small terms.  This information is compiled on different legal subjects such as Constitution, Criminal Law, Jurisprudence etc.  The terms are meant for conveying information about the general aspects of various legal subjects.  I am confident that you will stand to gain in your examination having gone through these thoroughly to the best of your advantage.

1. Legislation: Legislation means making of law.  It may be defined as promulgation of legal rules by an authority which has power to do so. (b) legislation is formal and express declaration of rules by some authority in the body politics, which is recognised by the courts of law as competent for that purpose.
2. Judicial Precedent:  Judicial precedent means a previous judgement or decision of a court of law cited as an authority of deciding a similar case.  Precedents produce case-laws.
3. Malice:  It means the intentional doing of wrongful act, without just cause of excuse;  or action determined by an improper motive, ill-will, hatred, evil motive.
4. First Information Report (F.I.R.):  Any person aware of the commission of any cognizable offence  may give its information to the police and may thereby set the criminal law in motion, that information given to the police officer is known as First Information Report (F.I.R.).
5. Custom:  It is the rule of action voluntarily and uniformly observed by the people.  It embodies a rule of conduct approved and accepted by the community for generations.
6. Municipal Law:  It is a law applied within a state.
7. International Law :  It comprises of Public International Law which is a body of legal rules which applies between sovereign states and such other entities as have been granted international personality, and Private International Law which is that branch of law which deals with cases containing foreign element.
8. Civil Law : Civil law is primarily concerned with rights and duties of individuals to one another and also provides a system of remedies.  It  includes family law, Law of torts, Law of contract etc.  Generally damages are awarded in civil wrongs for the breach of contract as remedy.
9. Criminal Law : It is that part of the law which characterizes certain kind of wrong doings as offences against the state, and punishable by the state.
10. Plaintiff : The person who files the suit of petition will  be known as plaintiff.
11. Defendant : The person against whom the suit is filed, is known as defendant.
12. Common Law : Common law is the part of English Law based on rules developed by the royal courts during the first three centuries after the Norman Conquest as a system applicable to the whole country, as opposed to local customs.
13. Law and Rules : Law is defined as a rule of human conduct, imposed upon and enforced among the members of a given state. Rules play an  important part in all our lives.  People become members of all sorts of bodies, associations etc which have their own rules.
14. Law and Ethics (Morals) : Law is the rules recognised and acted on by Courts of Justice.  Every society imposes certain rules upon its members that affect their well-being or existence of society.  These are referred to as the moral code or Ethics.
15. Law and Fact : All questions which are not questions of law are called questions of  fact.  It means anything done; an action performed or an incident transpiring, an event or circumstances, an actual occurrence etc.  Law is principle, fact is event, Law is conceived, fact is actual, Law applies to fact.
16. Law and Justice : Law exists to achieve justice.  Justice is to give every man his due/right.
17. Accused : He is a person who is arrested for having done an act, which is an offence and who is charged of having done.  He is presumed innocent as long as his guilt is not proved by the criminal court.
18. Convict : He is a person whose guilt is proved and on whom punishment is imposed for the offence done.  He is one who has been found guilty of an offence by the Criminal Court of Law.
19. Arrest : It means apprehension of a person by legal authority resulting in deprivation of his Liberty.
20. Bail : Bail is a security for the appearance of the accused person on giving which he is released pending trail  or investigation or in other words bail is to procure the release of a person from legal custody, by under-taking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.
21. Anticipatory Bail: It is a direction to release a person on bail even before the person is arrested. Section 438 of the Code empowers High Court and Courts of Session to grant anticipatory bail.
22. Acquittal and Conviction: After closure of the evidence for defence and upon hearing the arguments, the magistrate shall give judgement in all cases where a charge has been framed.  In case the magistrate finds that accused is not guilty, he shall record an order of acquittal.  This type of release is called acquittal.In a criminal proceeding, if a judgement is passed to convict the accused or the conclusion of the trial, such judgement is called judgement of conviction.
23. Crime : It is an act punishable by law as forbidden by  State etc., or injurious  to the public welfare.
24. Capital Punishment: The punishment of death by court of law to the accused of some grave criminal offence is known as Capital Punishment.  It is the death penalty given by the court of law to the accused of criminal offence.  This punishment is given in extreme cases and for extremely grave crime.
25. Defamation: Defamation is injury to the reputation of a person.  If a person injures the reputation of another, it would amount to an interference with the property because a man’s reputation is his property. Essentials of defamation.
    1. Statement must be defamation.
    2. The said statement must refer to the plaintiff.
    3. The statement must be published.
26. Judge : A presiding Officer or a court of law  who makes the judgement in respect of the matter before him.
27. Judgement : A decision made by a Court in respect of the matter before it.
28. Foreign Court : It means a court situate outside India and not established or continued by the authority of the Central Government.
29. Foreign Judgement : It means judgement of a foreign court.
30. Liquidated Damages: Damages which are already previously agreed to by two parties to contract are called liquidated damages.
31. Unliquidated Damages : Which are not previously agreed upon but are to be fixed by a court of law are called unliquidated damages or decided.
32. Public Office : It means a person falling under any of the following descriptions:
    1. Every  judge.
    2. Every member of an All-India Service
    3. Every Gazetted officer in military, navy, or air force of the Union.
    4. Every office of Court of Justice.
    5. Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement.
    6. Every officer of Government.
33. Affidavit : It is a declaration of facts, made in writing and sworn before an officer having authority to administer oath.
34. Appeal : It is the judicial examination of the decision by a higher court of the decision  of an inferior court.
35. Plaint : Statement of claim, a document by presentation of which the suit is instituted.  It contains the grounds on which the assistance of the court is sought by the plaintiff.
36. Suit : It means a civil proceeding instituted by the presentations of a plaint.
37. Summons : Document issued from the office of a Court of Law, calling upon the person to whom it is directed to attend before a Judge or an officer of the court  for certain purpose.
38. Abettor :One who encourages or aids the commission of an offence. An abettor is a person who abets the commission of an offence or the Abettment is an offence.
39. Act of State : Act done by government in the exercise of its sovereign powers e.g. declaration of war.
40. Adjourn : To defer the hearing of a case to another date.
41. Administrative Laws : Law relating to functions and powers of government organisations.
42. Alimony :The maintenance given by a husband to his divorced wife.
43. Amnesty : A general pardon given by Government.
44. Arbitration : Settling disputes by referring them to independent third parties, as an alternative to the Court proceeding.
45. Attestation : Witnessing the signing of a legal document.
46. Bankruptcy : A person who is unable to pay his debts can be declared bankrupt by the Court.  All his assets are then taken over by the court for distribution to his creditors.
47. Bequeath : To distribute or give.
48. Brach : An act of braking the law, agreement etc.
49. Burden of Proof : Obligation of proving the case.
50. Condonation : The pardoning of an offence.
51. Conjugal Right : Right of husband and wife to stay together or to each others company.
52. Contempt of Court : Willful disregard, disobedience or disrespect to a court of law. The contempt of court places restriction on fundamental right to freedom.  The maximum punishment for contempt of court is six months.
53. Conversion : A civil wrong, when someone’s title to his movable property is denied or if a bailee negligently allows to bailer’s goods to be damaged.
54. Corporal Punishment : Punishment consisting of causing a person feel physical pain.
55. De facts :By means of fact.
56. De jure :  By virtue of law.
57. Desertion : Abandonment by one spouse of the other.
58. Devise : A gift of land in a will.
59. Domicile : A place where a person has his permanent home, or a place where a person is ordinarily resident.
60. Enactment : An act of Parliament.
61. Exgratia : Payment made as a favor, without any legal obligation.  For example prime minister sanctioned Rs. 50,000/- to each victim of earthquake as ex-gratia payment.
62. Ex-Officio : By virtue of office.
63. Extradition : A process by which a criminal is transferred from one country to another for trial.  It means deporting of criminals between two countries on reciprocal basis.
64. False Imprisonment : Unlawful detention of a person.
65. Genocide : Mass killing of a group of people belonging to a particular race, religion, ethnic group etc.
66. Good Faith : Honestly, with due care and attention.
67. Good Will : A reputation of business, which attracts customers.  It is an asset which can be sold or purchased.
68. Habeas Corpus : A court order which requires a person, who has been illegally detained to be produced before the court. It          mark of one personal  freedom.
69. Indictment : A written accusation, read out in court at the beginning of a criminal trial.
70. Injunction : An order of court requiring a party not to do something, or to do something.
71. Innuendo : An innocent looking statement which has a hidden defamatory meaning.
72. Interim Order : An order made, pending the full hearing of a case.
73. Intra vires : Within power (as opposed to ‘ultra vires’ which is beyond power).
74. Jurisdiction : The extent or territorial area over which authority of court runs.
75. Jurisprudence : The philosophy of law related to fundamental questions, criticisms etc.
76. Justice : Moral idea of being right.
77. LL B : (Legum Baccalaureus) Bachelor of Laws.
78. Law : A body of rules which regulates human conduct.
79. Litigation : A process of proceeding against someone in a Court action.
80. Negotiable Instrument : A transferable security (e.g. cheque, promissory note, bill of exchange).
81. Patent :A right of a person who invents something new.
82. Polygamy : Having more than one wife.
83. Power of Attorney : An authority given by one person to another to act on his behalf.
84. Public Law : That part of law which deals with relations between the State and ordinary individuals in circumstances where the state has special rights or powers.
85. Quorum : Minimum  number of persons necessary for conduct of proceedings.
86. Trade Mark : A distinct mark which shows that a product is manufactured by a particular firm.
87. Ultra Vires : Outside the powers of.
88. Will :   A person’s declaration in writing of his intention as to disposal of his property after his death.
89. Writ :  A judicial process, by which any one is summoned as an offender, a legal instrument to enforce obedience to the order and sentences of the courts.