ASSIGNMENT-B

1. Preventive detention: Preventive detention means  detention of a person without trial and conviction by a court, merely on the basis of suspicion in the mind of an executive authority.
2. Attempt : An attempt to commit an offence is preceded by preparation, the attempt being the intentional act, culminating in failure, to commit the offence.
3. Cheating : Cheating involves deception of a person by inducing that person through fraudulent or dishonest means to obtain his consent for retaining of any property.
4. Bribery Offence : It is defined in Section 161 I. P.C. and its marginal heading is, “public servants taking gratification other than legal remuneration in respect of an official act.”
5. Group liability : When a criminal act is done by several persons jointly intending to fulfill a common object, each such person participating would be held liable, as if the act were done by him alone, it being termed as group liability.
6. Nationality :  Nationality may be defined as the legal status of membership of the collectivity of individuals and whose acts, decisions and policy are vouchsafed through the legal concept of the state representing those individuals.
7. Veto  : It is the power of negative voting which can be exercised by the permanent members of the Security Council to prevent the adoption of any proposal.
8. Statute : A statute is an act of parliament.
9. Bill : A bill is a legislative proposal in either House of Parliament.
10. Mens Rea  : It means guilty mind.  It is necessary to determine the state of mind under which the criminal act was done because no one shall be punished for something he had not intended.
11. Punishment : Punishment means so inflict pain or loss upon a person for one’s misdeeds.  The object is to give a lesson to the criminal wrong deeds that is essential for the protection of the society.
12. Right : A right is an interest recognised by the law of the state.  It is the duty of the state to protect it.
13. Ownership and Possession  : Ownership is an absolute right over property whereas possession is to exclude others but not the true owner.
14. Public Interest Litigation : It is a proceeding in which an individual or group seeks relief in the interest of general public and not for its own purpose.  The court started by Justice P.N.Bhagwati in such cases, may be moved by any member of the public not  merely by filing a writ petition but also by addressing a letter drawing the attention of the Court  to the legal injury or wrong.  The court sets aside all technical rules of procedure and may treat the letter as a  writ petition on the judicial side and hear the petition and take action.  Such type of litigation, modified the traditional doctrine of locus standi and this has led to the devising of new remedies and procedures.
15. Tort : It is derived from Latin word, “tortum” meaning ‘Twist.’ Tort is wrongful act whereby the wrong doer commits the breach of a legal right vested in some individual.  The three main elements in tort are : (1) Tort is a civil wrong  (2) It is a civil wrong other than a breach of obligation under a contract or trust and (3) Claim is always for unliquidated damages.
16. Abetment : Sometimes, a person himself doesn’t commit an offence but he helps or aids another person to commit offence.  In such cases, he is guilty of the offence of abetment.  The offence of abetment may be committed even when the crime may not fully mature.  A person may abet the commission of the offence in the following three modes:  (1) By instigating commission of a crime (2) By aiding in the commission of crime or  (3) By engaging in conspiracy to commit the offence.
17. Deed : In legal sense, the term deed means a solemn act denoting document, and it may be defined as an instrument writ on a paper executed, signed, sealed and delivered by the executant.  It is an instrument or a document through which a present or future interest in an immovable property is transferred by one living person to another living person.
18. Pleading  : Pleadings are statements of facts in writing drawn up and filed in a court by each  party to a case stating therein what his contentions shall be at the trial and giving all such details as his opponent will need to known in order to prepare his case in answer.  The sole object of pleading is that both the parties must know their cases and allegation made by other parties.
19. Asylum : It means shelter and active protection which is extended to a political refugee from another state by a state which admits him on his request.  Asylum involves 2 elements: (i)         A shelter which is more than a temporary refuge. (ii)        A degree of active protection on the part of the authorities which have control over the territory of Asylum.
20. Advocate : It is an agent to the client who pleads or represents the grieviences of the client in he Court of Law.  He stands for justice more than a judge and he pleads for it.  He is the leader of the society.  He promotes peace in the society.
21. Advocacy : It is the presentation of logical facts of an dispute in a right manner, dealing with the criteria of  differentiating between right and wrong, just & unjust by applying the knowledge of law acquired by extensive and intensive learning.  It employs the noblest  faculties of human mind and soul in order to discover the true motives of his actions.
22. Lawyer’s Ethics  : An advocate, public lawyer shall uphold the constitution, help in the maintenance of rules of law, promote the advancement of justice and assist in the enforcement of fundamental rights of the people.  An advocate shall act according to the basic principles of morality.  He should observe honesty and give advice to the poor, pauper, or indigent persons free legal advice free of cost.
23. Duty to the client  :
    1. To advice honestly.
    2. Shall devote to the clients cause to the utmost of his skill.
    3. Shall not disclose any matter to any person other than his client.
    4. He should work on the principles “first come first served.”
24. Duty  to the Profession :
    1. Shall not speak ill of the profession.
    2. He shall strive to maintain the honour & dignity of profession
    3. He shall not discuss the case or appeal pending in Court of Law in the newspaper.
    4. He shall not advertise himself.
    5. He shall not entertain or show any undue hospitality to the particular judge.
25. Lawyer and Political Life :An advocate can enter public and political life without any fear, and play his part therein.  He can be a member of Parliament or Legislature.  He is the leader of the society. He can play the role of law maker easily.
26. Duty to Himself : An advocate is to respect himself and his client. He should be self-respected and independent.  He should be courteous and respectful to others.  He should be fearless and finally.  He should have an aptitude for study of good books on literature and other books of interest other than his profession.
27. Legal Profession and Social Responsibilities  :Legal profession is the most independent one.  A member of legal profession never hesitate to condemn a wrong act or injustice legal profession stands for justice.  It promotes peace.
28. Legal Ethics : Word ‘ethics’ means science of morals or it is that branch of philosophy which is only concerned with human character and conduct, so it is purely a moral science.
29. Sovereign  :The term Sovereign means the ultimate superior.  The Constitution declares India to be a Sovereign state that means India is no more dependent upon any outside authority, it is ultimate superior.
30. SOCIALISM : It means the system under which the means of production, distribution are owned by the state.  It is that pattern of the society which gives equal opportunities to each individual for program.
31. SECULARISM : that system of social organization which favours no religion and treats all religion equally.
32. DEMOCRACY : Democracy is defined as the government by the people.  The people choose the government by voting.
33. REPUBLIC : republic signifies the system under which the head of the state is an elected person is President.  It is based on the idea that every citizen equal status.
34. PREAMBLE : preamble means the introduction to the statute.  It is a introductory part of the constitution.  It explain certain facts which are necessary for the understanding enactments contained in constitution.
35. LAW AND LAWS IN FORCE : The term law “includes any ordinance, order by law rule, regulation, notification custom and usage having the force of law. The term law in force includes custom and usage.
36. RULE OF LAW  : Dicey’ s concept-Rule of law means that no is above the law and that every person whatever be his rank and position is subject to the ordinary law of the land.
37. EQUALITY BEFORE LAW : It means absence of any special privilege for any particular person.
38. EQUAL PROTECTION OF LAWS : It means that all persons have the right to equal treatment in similar situation and there should be no discrimination between one person and another.  It is positive concept.
39. JUSTICE : justice is the fairness in the way, people are treated.
40. NATURAL JUSTICE : rule of natural justice are just, fair and reasonable.  Natural justice is based on the principles which are following.:
    1. No one shall be punished unheard.
    2. Reasonable opportunity should be given to the person to defend himself.
    3. No one shall be judge in one’s own case.
41. EQUAL PAY FOR EQUAL WORK  : It means where all the things are equal and person holding identical posts, performing identical   or similar duties under the same employer should not be treated differently in matter of their pay.
42. PUBLIC ORDER : public order means absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal functions of life. It includes public safety.  Anything that disturbs public peace disturbs public order
43.  MORALITY OR DECENCY :Morality is the system of principle and value concerning people’s behaviour which is generally accepted by the society or particular group of people.  Decency means lack of obscenity.
44. FREEDOM OF RELIGION : It means all persons are equally entitled to freedom of conscience (freedom to have faith  and belief in religion facts or community) and the right freely to profess, practice and propagate religion.
45. SOCIAL WELFARES AND REFORMS : social reforms means eradication of practices of dogmas which stand in the way of the country’s progress.
46. ABUSE OF PUBLIC INTEREST LITIGATION :there are some dangers in PIL.  It has been held by the court that unless an aggrieved party is under same disability recognised by law, it would be unsafe and hazardous to allow any third party to question the decision against him, if the third party is acting with mala fide or political motives or for personal gains or private profit or other consideration.
47. MARTIAL LAW : It is defined as the suspension of ordinary law and the government of the country or part of it under the control of military authorities and military courts.  It is the right of the crown to repel force in the case of insurrection, invasion or riot and to make such expansions measures which are necessary for restoring peace and order.
48. EQUAL JUSTICE AND FREE LEGAL AID : It means justice according to law. Legal aid is regarded in many forms and at various stages for obtaining guidance for resolving disputes in courts, tribunals or other authorities.
49. JUST AND HUMAN CONDITIONS OF WORK : It is for the welfare of the worker, so that worker is not exploited by the authorities.
50. UNIFORM CIVIL CODE :It means one law for every body irrespective of caste, creed, sex, religion throughout the territory of India.
51. COURT OF RECORD : A court of record is that court the record of which are admitted to be of evidentiary value and cannot be questioned when they are produced before a court.  Secondly, a court of record has the inherent power to punish for its contempt.
52. RULES OF THE COURT :  It means the rule making power of the court for regulating its practice and  procedure including such matters as persons practicing before it, procedure for hearing appeals, Conditions for reviewing its own decisions, fees, grants of bail, stay of proceedings etc.
53. COURT MARTIAL :  A court martial is a trail in a military court of a member of the armed forces who  is charged with breaking a military law.
54. COURT OF LAW :   It means a legal court.
55. COURT OF APPEAL  : A court of appeal is a court which deals with appeals against legal judgments.
56. DETENTION  :Detention is the arrest or imprisonment of someone, especially for political reason.
57. DOUBLE JEOPARDY :It means “no person shall be prosecuted and punished for the same offence more than once”.
58. JURISPRUIDENCE : It is the study of the law and the principle on which laws are based.
59. CUSTODIAL DEATH :It means the death of the person in the police custody due to injuries inflict ed by the police.
60. CUSTODIAL RAPE :It means a rape committed by the police officer in the police station or in the premises of any station house, on the woman in the custody, or in the custody of the police officer subordinate to him.
61. CONFINEMENT : Confinement is the state of being forced to stay in a prison or another place which once cannot leave.
62. WRONGFUL CONFINEMENT : It means wrongfully concealing or keeping in confinement e.g. the kidnapped or abducted person.
63. INFANTICIDE : It is the crime of killing a new born child.
64. COURT OF  JUSTICE : It donates a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law  to act judicially as a body.
65. ILLEGAL : It means a offence or any act which is prohibited by law and which is a  ground for civil action.
66. LEGALLY BOUND TO DO : Onutting the act which is illegal.
67. JUDICIAL CUSTODY OR JUDICIAL REMAND : A person who is under trial and is sent to the jail under the orders of the court is said to be under judicial custody or judicial remand.
68. RULE OF MOB : Where handful of protesters try to hold up events in complete disregard of the law. The government fails to control the crowds and helpless in preventing a break-down of law and order.  For e.g. Protest against beauty shows and films.
69. PATENTS  : A patent is a right conferred by letters patents of the exclusive use and benefit of a new investors capable of industrial applications.  A patent is obtained by making an application accompanied by specification to the patent office.  The normal duration of the patent is 20 years and it may be further extended.  One a patent is granted, it can be revoked also.
70. JUDICIAL ETHICS:
    1. A judge shall not contest election to clubs, societies or other associations.
    2. A judge must avoid associating himself with individual members of the bar, especially those who practices in the same court.
    3. A judge shall not permit any member of their family to appear before them or be associated in any manner with a case to be dealt with.
    4. They shall not speak to press, media.
71. HUMAN RIGHTS : The essential rights which human beings in all countries require for their normal development Human Rights are expected to be made available to human beings by the state.
72. Independent Judiciary  : It means to provide the judiciary an influence free and a non-interference working environment.
73. Judicial Activism : Judiciary at present has acquired the role of an activist and is doing its duty by judging the issues on its merit.  The role of judiciary widened due to the use of public interest litigation.  It touched almost every aspect including environment protection, uniform civil code, corruption cases, human rights.  And time and again reminder the govt. to fulfill its constitutional obligation in the interest of the nation.
74. Lok Adalats : Lok Adalat were initiated by ex-chief justice P.N. Bhagwati.  These are a new in-expensive and speedy agencies for the settlement of disputes, motor vehicle claims, divorce, family         . Once an agreement is reached, it is registered in a court of law.  An important feature is that the award of lok adalat is final and binding on the parties.
75. Mobile courts  : Mobile courts are designed to provide justice to the people right at their doorsteps.
76. Cognizable offence : means an offence for which a police officer can arrest a person without warrant.  Cognizable offences are of serious nature.  The offences which are punishable with imprisonment for three years or more are cognizable offences.
77. Non-Cognizable offence : Means an offence for which a police officer has no authority to arrest without warrant.  These offences are punishable with imprisonment less than three years.
78. Non-Bailable: Offences are those offences which are punishable with imprisonment for three years or more.  If a person is accused of non-bailable offence, this does not means that he shall never be released  on bail. However, his release is left to the discretion of the authorities concerned.
79. Bailable Offence:  An offence which is punishable with less than 3 years is considered as bailable offence.  A person accused of a bailable offence if arrested or detained without warrant has a right to be released on bail.  He can claim bail as a matter of right.
80. Cognate : Blood relations on mothers side.
81. Agnate  :Blood relations on father’s side.
82. Encroachment  : Unlawfully entering upon another’s rights or possession.
83. Sine-die : Without a definite day.  The phrase is used when a body of men adjourns permanently without setting a date for reassembly.
84. Indictable Offence  :A triable offence committed  by an adult.  The formal accusations made charging a person with having committed a crime.  The indictment must recite the precise acts which the accused is declared to have committed.
85. Injunction : An order of the court directs a person to do something or refain from doing thing is called injunction.
86. Duress  :An act done under the threat or fear is known as duress.
87. Alibi  : Elsewhere, Alibi is the plea of having been elsewhere at the time of the commission of an act than at the place of commission.
88. Dying In testate : Dying In testate means dying without leaving a will.
89. Embezzlement : Offence committed by a clerk or servant who fraudulently appropriated the property taken into possession by him for his own use on the account of his master.
90. Cognizance : Cognizance means arousing judicial.
91. Caveat  : Caveat means warning and caveat emptor means let the buyer beware.
92. Juvenile delinquents sent to borstal.
93. Contract : An agreement enforceable in a court of law is called contract. Every contract is an agreement but every agreement is not a contract.
94. Mugging : A colloquial term referring to robbery of an isolated pedestrian.
95. Sacriledge : Offence of breaking a divine idea.
96. Testament:  It is same as will.
97. Tresspass : The act of unlawfully a without permission entering into another’s property.
98. Parole : The early release of a prisoner from prison subject to his compliance with specified  conditions and upon the violation of which he may be recommitted to prison.
99. Pre-incuriam : The mistaken decision of a court.
100. Picketting : The act of persuading by members of a union to all others not to work is called or in other words it is standing or marching before a place of business or public office for the purpose of making a labour grievance public or making any protest.
101. Guarantee : Gives the right to the buyer to reject goods, repudiate the contract and claim damages.
102. Warranty : Warranty entitles one party only to claim damages rather than avoiding the contract.
103. Obiter dicita :A statement by the court of legal principle which is not necessary to the case before it.  Such a statement is not binding as precedent but may be of value nonetheless.
104. Summons : A document issued by the court calling upon the person to whom it is directed to attend before the judge.
105. Negligence : The failure to use due amount of care that a reasonable man would have used under the similar situation.
106. Nuisance : Nuisance means annoyance, or any thing that hurt, inconvenience or damage or any infringement of territorial or personal rights.  If a person digs a trench  across a public road, it is public nuisance.  But if a person causes annoyance to his neighbour by playing loud music, it is known as private nuisance.
107. Plebiscite  : A term used to denote a vote taken on some question submitted to the  people of country.  Plebiscites are generally on important questions of government organisations and are often employed when totally new constitution is proposed.
108. Polyandry : Marriage of a woman to several males with all of whom she cohabits.
109. Power of attorney:  A formal document by which an agent is appointed with wide general powers although it may be for a limited group of transactions known as special power of attorney.
110. Breach of contract : In a contract each party undertakes to perform certain duty for a consideration.  If either party fails to do its part of duty, it known as breach of contract.
111. Perjury  ; If a witness knowingly makes a false statement and does not believe it to be true, in a judicial proceedings, he commits the offence of perjury.
112. Posthumus Child  : A child born after father’s death.
113. Constitution ; It is the supreme law of the land.  Constitution is the supreme.  It is the fundamental law of the land.  It is a legal and social document.  It is the vehicle of a nations progress.  All the laws in the country are enacted under this document.
114. Guru Granth Sahib holy book of Sikhs has been declared by Supreme Court as a juristic person.
115. Legal aid : It is related with equal justice.  It stands for that on-one should be deprived of justice because of lack of economic resources and such other disabilities.  An advocate should give free legal advice to poor, pauper people who cannot afford it.
116. Highjacking : Taking away people sitting in a plane by the use of criminal force.