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LEGAL MAXIMS & TERMS

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 06 LEGAL MAXIMS & TERMS

(Note: “**” implies that these Legal Maxims are the most important ones and are to be memorized.)
 Actio personalis moritur cum persona: A personal action dies with the person. This must be understood of an action
for a tort only.
 Causa proxima, non remota spectatur: The immediate, and not the remote cause, is to be considered.
 **Damnum sine injuria esse potest: Damage caused without infringing any legal right.
 **De minimis non curatlex: The law does not notice or care for trifling matters.
 **Ignorantia juris non excusat: Ignorance of fact may excuse, but not ignorance of law.
 In jure non remota causa, sed proxima spectatur: In law the proximate, and not the remote cause, is to be looked
to.
 **Injuria sine damnum: An infringement of right without causing damage.
 Injuria non praesumitur: A wrong is not presumed.
 Injuria propria non cadet in beneficium facientis: One's own wrong shall not benefit the person doing it.
 Manifesta probatione non indigent: Manifest things require no proof.
 Necessitas facit licitum quod alias non est licitum: Necessity makes that lawful which otherwise is unlawful.
 Necessitas non habet legem: Necessity has no law.
 Novus Actus Interveniens: remoteness of damage
 **Qui facit per alium facit per se: He who acts by or through another, acts for himself.
 Qui jure suoutitur, nemini facit injuriam: He who uses his legal rights, harms no one.
 Quod est necessarium est licitum: What is necessary is lawful.
 **Res ipsa loquitor: Things speak for themselves, and there is no need of any proof.
 **Scientia et volunti non fit injuria: A wrong is not done to one who knows and wills it.
 **Ubi jus, ibi remedium: Where there is a right, there is a remedy.
 Ubicunqueest injuria, ibi damnum sequitur: Wherever there is a wrong, there damages follow.
 **Volentinon fit injuria: No one can claim damages for an injury suffered by consent.

CONSTITUTIONAL LAW
 **Audi Alteram Partem: Nobody should be condemned unheard.
 **Delegata potestas non potest delegari: A delegated authority cannot be again delegated.
 Disparata non debent jungi: Unequal things ought not to be joined.
 Ex facto jus oritur: Law arises out of fact; that is, its application must be to facts.
 **Judex non potestesse testis in propricaus: A judge cannot be a witness in his own cause.
 Leges posteriors priores contrarias abrogant: Subsequent laws repeal those before enacted to the contrary.
 Nemo bis punitur por eodem delicto: No one can be punished twice for the same crime or misdemeanor.
 **Nemo judex in causa sua: No one shall be a judge in his own case.
 Quando aliquid prohibetur ex directo, prohibetur et per obliquum: When anything is prohibited directly, it is
prohibited indirectly.

LAW OF CONTRACTS
 A l'impossibl enuln'est tenu: No one is bound to do what is impossible.
 **Consensus ad idem: Consent to the same thing in the same manner.
 Consensus tolliter rorem: Consent removes or obviates a mistake.
 Ex dolomalo non oritur action: Out of fraud no action arises.

Illegal.
 Ex nudopacto non oritur action: No actions arise on a naked contract without a consideration.

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 Ex turpi causa non oritur action: No action arises out of an immoral consideration.
 Ex turpi contractu non oritur actio: No action arises on an immoral contract.
 Falsus in uno, falsus in omnibus: False in one thing, false in everything.
 Nemo contra factum suum venire potest: No man can contradict his own deed.
 **Nemo dat qui non habet: No one can give who does not possess.
 Nemo tenetur ad impossibile: No one is bound to perform an impossible act.
 Non decipitur qui scit se decipi: He is not deceived who know himself to be deceived.
 Nul ne doits 'enrichir aux depens des autres: No one ought to enrich himself at the expense of others.
 Pacta private juri public derogare non possunt: Private contracts cannot derogate from the public law.
 Terra transit cum onere: Land passes with the encumbrances.
 Testa mentum omne morte consumatum: Every will is completed by death.
 **Void ab initio: Void from the very beginning.

LAW OF CRIMES
 Actore non probant ereus absolvitur: When the plaintiff does not prove his case, the defendant is absolved.
 Actus legis nemini facit injuriam: The act of the law does no one an injury.
 Affirmati, non neganti incumbi tprobatio: The proof lies upon him who affirms, not on him who denies.
 Culpa paena par esto: Let the punishment be proportioned to the crime.
 Mors dicitur ultimum supplicium: Death is denominated the extreme penalty.
 Nemo punitur pro alieno delicto: No one is to be punished for the crime or wrong of another.
 Non effecitaffectus nisi sequitur effectus: The intention amounts to nothing unless some effect follows.
 **Res judicata pro veritate accipitur: A thing adjudged must be taken for truth.
 Sic uteretuout alienum non laedas: To use your own as not to injure another's property.
 Testis oculatusunus plus valet quam auriti decem: One eye witness is worth ten ear witnesses.
 Trespass de bonis asporta tis- An action bought to recover damages from a person who has taken goods or property
from its rightful owner
 Ubi culpa estibipaenasubessedebet: Where there is culpability, there punishment ought to be.

LEGAL TERMS
(Note:“**” implies that these Terms are the most important ones and therefore it is important that a student must
understand these terms while they are given in the passage)
A
Abdicate Give up the throne; refuse to take responsibility
**Abduction In the criminal taking away of a person by persuasion, fraud, force or violence.
Aberrant Unusual and not socially acceptable behaviour or conduct
**Abet To abet somebody means to help or encourage him in a criminal act.
Abide by If you abide by a law, an agreement etc. You follow it
Abolish If somebody in authority put an end to a system or practice, they formally put an end to
it
**Abscond To leave a jurisdiction of a court, to avoid being served with legal papers or being
arrested.
Abuse To mistreat; to insult; to maltreat someone or something.
Acceptance The taking and receiving of anything with the intention of retaining it.
**Accessory A person who is not present during the conduct of a criminal act but who is implicated
in some way for it.
**Accomplice A partner in a crime; a person who knowingly and voluntarily participates with another
in a criminal activity.
Accused A person who is charged by police with having broken the law. In a criminal court case
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 this person is also known as the defendant.
Acquiescence An action or inaction which legally binds someone, even unintentionally.
Acquittal A release, absolution or discharge of an obligation or liability. In criminal law, the finding
of not guilty.
Act of God A natural calamity which no one can prevent such as an earthquake etc.

Action Case, cause, suit or controversy disputed or contested before a court; lawsuit;
proceeding in civil court.
Activism The use of direct action in protest or in support of a cause
Adhere to If you adhere to a law you follow it
Adjudicate To decide
Admissible Evidence is admissible, it is allowed in a court of law.
Agnates Related to or descended from father’s side
Adjourn To postpone a court hearing to a later time; to defer, postpone or suspend.
Administrative agencies Agencies created by the legislative branch of government to administer laws pertaining
to specific areas.
Administrative law Law which applies to hearings before quasi-judicial or administrative tribunals.
Administrator A person appointed to manage the property of another.
Admiralty law Also, maritime law. That body of law relating to ships, shipping, marine commerce and
navigation; the transportation of persons or property by sea, etc.
Admissible Evidence Evidence that can be legally and properly introduced in a civil or criminal trial.
Admission An oral or written statement by an accused person which acknowledges their liability at
law.
Adultery Consensual sexual relations when one of the participants is legally married to another.
Adversary proceeding A proceeding having opposing parties, such as a plaintiff and a defendant.
Adverse possession Possession of land, without legal title, for long enough – normally 12 years – to be
recognized as the legal owner.
**Affidavit A voluntary, written, declaration of facts, confirmed by oath of the party making it before
a person with authority to administer the oath.
Affirmed In the practice of appellate courts, the word means that the decision of the trial court is
found to be correct on appeal.
Agent A person who is authorized to act for another (the principal) and who binds the principal
by his actions done in the course of his employment.
Aid and Abet To actively, knowingly or intentionally assist a person in the commission or attempted
commission of a crime.
Alias Another name of a person
**Alibi It is derived from a Latin word meaning 'in another place'; a statement asserting that the
accused person was somewhere else or with someone else, when the particular offence
was committed.
Alimony A sum of money to be paid by one spouse to the other in case of divorce.
Allegation A statement of the issues in a written document (a pleading) which a person is prepared
to prove in court.
Alter ego A second identity living within a person.
Alternative dispute A process by which parties can settle a dispute without a full, formal trial. Methods
Resolution include mediation, conciliation, arbitration and settlement, among others.
Amenable Agreeable
Amend To alter or change by adding, subtracting, or substituting.
**Amnesty A general pardon granted by the state
Ampliation A postponement of the decision of a cause for further consideration or re-argument

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 **Amicus curiae Friend of the court; a person who offers information to a court regarding a case before
it.
Annul To make something invalid or void; nullify
Appeal To request that a judgment made be reconsidered again by a higher court; a request to
have a legal case reheard in a higher court.
Appearance The act of formally coming into court as a party to a suit either in person or through an
attorney.
Appellant The party who files an appeal to a higher court against the decision of a lower court.
Appellate Court A court having jurisdiction to hear appeals and review a lower court's decisions.
Arbitrator A private, disinterested person chosen by the parties in arbitration to hear evidence
concerning the dispute and to make an award based on the evidence.
Arguendo For the sake of argument.
**Arrears Accumulated debt which has not been paid on the due date.
Arrest To physically restrain someone and to take him/her into custody.
**Arson The crime of intentionally burning a house or a building.
Assault To physically harm someone or threaten to harm someone by threatening gestures; any
behaviour or conduct that harms or threatens to harm someone.
Assignment The transfer to another person of uninteresting any property, real or personal.
Attachment Taking a person's property to satisfy a court-ordered debt.
Attestation The act of witnessing a signature for the purpose of declaring that a document (like a
will) was properly signed and declared by the signer to be his or her signature.
Autopsy An examination of the dead body to ascertain the cause of death

B
Bad debt An uncollectible debt.
Bail Money or other security provided to the court to temporarily allow release of an accused
person from the custody, andassurehis appearance in the court.
Bailee A person to whom goods are entrusted for a specific purpose
Bailment The act of placing property in the custody of another temporarily; The person who places
his property in possession of another is called the bailor.
Ballot A piece of paper used in casting votes
Bankrupt Not having enough money to pay debts (insolvent)
Barrister Specialist in litigation and advocacy who receives instructions from a solicitor.
Battery Actual use of force; wrongful physical violence.
Beneficiary Person who receives a gift under a will or for whose benefit property is held by an
executor or trustee.
Bequeath To give a gift to someone through a will.
Bequest A bequest is the money or property which you legally leave to someone when you die.
Besmirch To defame.
Bestiality The crime of copulation by a human with an animal.
Bigamy The criminal offence of marrying one person while still legally married to another
Bigot A person having very strong and unreasonable beliefs and opinions about race, religion
or politics and does not listen to or accept the opinion of anybody who disagrees with
him.
Bill of exchange Written, signed instrument requiring the person to whom it is addressed to pay on
demand a fixed amount of money either to the person identified as payee or to anyone
presenting the bill of exchange.
Biopsy An examination of a living body to know the cause of illness or disorder
Birthright A thing that a person has a right to because it is a basic right of all human beings

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 **Blasphemy Behaviour or language showing disrespect for religion or God
Bona fide In good faith; sincere good intention regardless of outcome.
Bond A written agreement to pay money.
Breach The breaking or violating of a law, right or duty, either by an act or omission.
Breach of a contract An unjustified failure to perform under the terms of a contract when the performance is
due.
Bribery The crime of giving or taking money or some other valuable item in order to influence a
public official (any governmental employee) in the performance of his/her duties.
**Burden of proof A rule of evidence that requires a party to a court action to prove something, otherwise
the contrary will be assumed by the court.
**Burglary It is an act of entering into somebody's house by force and stealing things
**Bylaws Rules or laws adopted by an association or corporation that governs its actions.
C
Cannibal Those people who eat the flesh of other human beings
Capital Lawful killing of a person; Punishment for convicted of heinous crime
Caprice Action or decision without any reason or purpose; whim; impulse
Carnal Sexual and physical desires without any spiritual element
Carrot And Stick policy Policy involving both persuasion and punishment
Case Law Published court decisions which establish legal precedents, binding lower courts.
Castrate To remove the testicles of a male person or animal
Cause Of Action The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would
constitute all the "elements" required by statute.
Caveat Let him beware. A formal warning.
**Caveat Emptor Let the buyer beware
Censor To remove offensive, immoral or politically unacceptable things from a film, book etc
Certiorari Writ whereby a court is asked to set aside the decision of an administrative tribunal,
judicial officer or public organisation.
Charge Form of security for payment of a debt.
Chastity The state of not having sex with anyone or of having sex only with your husband or wife.
**Chattels Moveable items of property which are neither land nor permanently attached to land or
a building.
Circumstantial evidence Circumstantial evidence is such evidence that makes something seem likely without
proving it; not direct
Citation A reference to a previous court decisions
Civil Action Any lawsuit relating to civil matters and not criminal prosecution.
Civil Law A body of laws and legal concepts which come down from old Roman laws, which differ
from English common law.
Claim To make a demand for money, for property, or for enforcement of a right provided by
law
Class Action Legal action taken by a number of different persons where the facts and the defendants
are similar.
Clemency Mercy or leniency on the punishment of a person.
Client A person who is represented in court by a barrister.
Clinical Trial A process whereby the effectiveness of a drug or medical treatment is ascertained by
experimenting it on patients or animals.
**Codicil Written amendment or addition to an existing will.
**Coerce To force somebody to do something against his will or desire.
**Cognate Related by blood or descended from a common maternal ancestor

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 Cognizance To take cognizance means to take notice of something
Cohabit To live together and have a sexual relationship, without being married
Collateral Property committed to guarantee a loan.
Collusion Illegal and usually secret agreement between two or more people to deceive a court or
defraud another person.
Common Law Judge-made law which has developed over centuries, also referred to as “unwritten” law.
Commutation To reduce a criminal sentence resulting from a criminal conviction by the executive
clemency of the Governor of the state, or President of India.
Company Legal entity which permits a group of shareholders to create an organization to pursue
set objectives.
Compensation The amount received by the injured party after suffering an injury or loss, as ordered by
the court in the form of damages.
Complicit If someone is complicit in an illegal activity, he is involved in it.
Compromise To settle a dispute amicably
Concomitant Happening at the same time as something else, because one thing is related to or causes
the other.
Concurrent Sentences Sentences for more than one crime which are to be served at one time.
**Condemn If somebody is condemned to a punishment he is given that punishment.
Condone To overlook, forgive or disregard an offence without any protest or censure
Confession The voluntary statement of one charged with a crime that he/she committed the crime.
Confiscate To seize
**Conjugal Rights A spouse's rights to the comforts and companionship from his/her mate, meaning sexual
relations.
Consanguinity Relationship by birth in the same family.
Consecutive Sentences Successive sentences, one beginning at the expiration of another, imposed against a
person convicted of two or more crimes.
Consequential Damages Damages claimed and/or awarded in a lawsuit which were caused as a direct foreseeable
result of wrongdoing.
Consummate To make a marriage complete by having sex.
Consideration Consideration has been defined as “some right, interest, profit or benefit accruing to the
one party, or some forbearance, detriment, loss or responsibility given, suffered or
undertaken by the other”.
Conspiracy When people work together by agreement to commit an illegal act by legal means, or to
use illegal means to achieve something that in itself is lawful.
Construction Legal process of interpreting a phrase or document.
**Contempt Of Court Refusing to obey the order made by a court, or disrespect for judge or court
Contingent Conditional; subject to
Contract Agreement between two or more persons which obliges each party to do (or refrain from
doing) a certain thing. A valid contract requires an offer, acceptance of that offer and
consideration.
Contract Law Laws governing contracts.
Contraband Goods prohibited by law or treaty from being exported or imported.
Conundrum A confusing and difficult problem or question.
Contributory Negligence Negligence which is not the primary cause of a tort, but which combined with the act or
omission of another person to cause the damage.
**Conversion Legal proceeding for damages by a property owner against a defendant who found
property and converted it to his own use – that is, retained it or otherwise interfered
with it.
Conveyance Written document transferring property from one person to another.

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 Conviction The result of a criminal trial in which the defendant has been found guilty of a crime.
Corporal Punishment Physical punishment like punishment beating.
**Corroborate To confirm and sometimes add substantiating (reinforcing) testimony to the testimony
of another witness or a party in a trial.
Costs The legal expenses of an action, such as lawyers’ fees, witness expenses and other fees
paid out in bringing the matter to court.
**Counterclaim Respondent’s claim against a plaintiff in the same action.
Covenant Written document in which signatories either commit themselves to do (or not to do)
something, or in which they agree on a certain set of facts.
Creditor Person to whom money, goods or services are owed by a debtor.
Crime Act or omission forbidden by criminal law. The commission of a crime is punishable by
a fine, imprisonment or some other form of punishment.
**Cross-Examination Cross-examination involves questioning the other side’s witnesses.
**Custody Holding property or person under one's control; In domestic relations (divorce,
dissolution) a court's determination of which parent should have physical and/or legal
control and responsibility for a minor child.
Cyber Law Laws relating to computer networks
D
Damages Financial compensation ordered by a court to offset losses or suffering caused by another
person’s action or inaction.
Death penalty The punishment of death awarded for heinous crimes.
Debt A sum of money that somebody owes.
Deceit Deliberately making people believe something that is untrue, usually to take some
advantage for himself
Decimate To destroy a large number of people or animals.
**Decriminalise To change the law so that something is no longer illegal
Deed A document containing a terms of contract
Defraud To get something from someone by trick and falsehood.
Deceased Dead.
Defamation The act of making untrue statements about another which damages his/her reputation.
Defence Response to claim by plaintiff.
Defendant Person, company or organization which defends a civil action taken by a plaintiff and
against whom the court is asked to order damages or corrective action to redress some
unlawful or improper action alleged by the plaintiff. Also a person charged with a criminal
offence.
Delegate To give power, duty or responsibility to somebody else.
Denounce If you denounce someone who has broken a rule or law, you report them to the
authorities.
Deponent Person who swears an affidavit or deposition.
Deport To force somebody, usually a person who is not a citizen to leave a country, because they
have broken the law or have no legal right to stay.
Dereliction of duty Deliberate or accidental failure of duty to do what you are required to do.
Derogatory Expressing low opinion about somebody or something
Descendant Someone's descendants are the people in later generations who are related to him
Devoid To devoid of something means having none of it
Discharge 1) to perform one's duties;
2) To dismiss someone from a job.
3) To pay one's debts or obligations.
Discernible Apparent
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 Discovery Sworn disclosure of documents and records.
Disinherit To prevent somebody, especially your son or daughter, from receiving your money or
property after your death.
Disinterested Not influenced by personal feelings or by chance of getting some advantage for yourself.
Dismiss The ruling by a judge that all or a portion (one or more of the causes of action) of the
plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or
testimony.
Disprove To show that something is untrue
Divorce Formal ending of a marriage.
Dogma A belief or a system of belief that is expected to be accepted by the people without
questioning it.
Distraint Seizure of personal property to compel a person to fulfil a legal obligation.
District Judge Judge of the District Court, addressed as “Judge”.
Dividend Proportionate distribution of profits made by a company in the form of a money payment
to shareholders.
Donee Beneficiary of a trust or person given a power of appointment.
Donor Person who gives property for the benefit of another, usually through a trust.
**Double jeopardy Placing someone on trial a second time for an offense for which he/she has been
previously acquitted, even when new incriminating evidence has been unearthed.
Due process of law A fundamental principle of fairness in all legal matters, both civil and criminal, especially
in the courts.
**Duress Threats or force preventing – or forcing – a person to act other than in accordance with
free will.
Duty A legal obligation, the breach of which can result in liability.
Duty of care A requirement that a person act toward others and the public with the watchfulness,
attention, caution and prudence that a reasonable person in the circumstances would use.
**Dying declaration The statement of a mortally injured person who is aware he/she is about to die, telling
who caused the injury and possibly the circumstances.
E
Earnest money Money deposited as a security for the performance of a contract
**Easement A right over a neighbour’s land or waterway. An easement is a type of servitude.
Egalitarianism A belief that all people are equal and should have the same rights and opportunities.
Ejectment A lawsuit brought to remove a party who is occupying real property.
Embargo An official order whereby trade with another country is forbidden
Embezzelment The crime of stealing the funds or property of an employer, company or government or
misappropriating money or assets held in trust.
Emolument Wages, benefits or profits received as compensation for holding office or employment.
Enabling A provision conferring power
Encroachment The act of building a structure which is in whole or in part on a neighbour's property.
Endorsement of claim Concise summary of the facts supporting a legal claim.
Endowment Transfer of money or property (usually as a gift) to a charitable organisation for a specific
purpose, such as research or a scholarship.
Entice To persuade somebody to do something or to go from one place to another; to lure
Estoppel Rule of evidence which prevents a person from relying on facts when, by deed, word or
action, he has led another person to act to his detriment on those facts.
**Euthanasia The practice of ending the life of a person suffering from an incurable and painful
disease
Evict To force somebody to leave the place where they are living.

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 Evasion of tax The intentional attempt to avoid paying taxes through fraudulent means, as
distinguished from late payment, using legal loopholes or errors.
Evidence Testimony of witnesses at a trial, or the production of documents or other materials to
prove or disprove a set of facts.
Examination-in-chief Questioning of witnesses under oath by the party who called those witnesses (also called
direct examination).
Excommunicate To formally exclude somebody from membership or participation in a group
**Exculpate Suggesting absence of guilt or fault
Executor Person appointed by a testator to administer a will.
Exemplary damages Often called punitive damages, these are damages requested and/or awarded in a
lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent,
wanton or grossly reckless.
Exhibit Document or object shown to a judge or jury as evidence in a trial. Each exhibit is given
a number or letter as it is introduced, for future reference during the trial.
Expert witness A person who is a specialist in a subject, often technical, who may present his/her expert
opinion without having been a witness to any occurrence relating to the lawsuit or
criminal case.
Expiate To accept punishment for the wrong done by you so as to show that you are sorry for the
same.
**Expropriate Government’s lawfully taking away private property from its owner for public use.
Express trust Trust specifically created by a settler, usually in a document such as a will, although it
can be oral.
Extort To force somebody to give something like information property etc.
Extinguishment The cancellation or destruction of a right, quite often because the time for enforcement
has passed
Extortion The crime of obtaining money or property by threat to a victim's property or loved ones,
intimidation, or false claim of a right.
**Extradition The arrest and handover of a person wanted for a crime committed in another country,
usually under the terms of an extradition treaty.
Eye Witness A person who has actually seen an event and can so testify in court.

F
Fabricate To invent something in order to deceive people
Fact An actual thing or happening, which must be proved at trial by presentation of evidence
and which is evaluated by the finder of fact.
**Felony When the legal system of a country distinguishes between a very serious crime and a
less serious crime, the expression felony refers to the former.
First impression Referring to a legal issue which has never been decided by an appellate court and,
therefore, there is no precedent for the court to follow.
**Foreclosure Forfeiture of a right of redemption on a property (generally when someone fails to pay
a mortgage).
Forfeiture Loss of property due to a violation of law.
Flout To disobey, defy or violate
Forebears Ancestors
**Forge To make an illegal copy of something in order to deceive people.
Foul play It is a criminal or violent activity leading to someone's death
Fraud Dishonest conduct designed to persuade another person to give something of value by
lying.
Freehold Right to the full use of real property for ever
Frivolous Lacking a legal merit, not serious.
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 Frustrate To prevent a plan or an agreement from succeeding.
Fugitive A person who is hiding in order to avoid being caught by the police.
Full blood Relationship existing between persons having both the parents common.
G
General damages Monetary recovery in a lawsuit for injuries suffered or breach of contract for which there
is no exact value which can be calculated.
Genocide Deliberate murder of the whole community or race.
Gift The voluntary transfer of property (including money) to another person completely free
of payment or strings while both the giver and the recipient are still alive.
Good faith Honest intent to act without taking an unfair advantage over another person or to fulfil
a promise to act, even when some legal technicality is not fulfilled.
Goodwill Intangible business asset based on the good reputation of a business and resulting
attraction and confidence of repeat customers and connections.
Gratuitous Given or received without cost or obligation; free.
Gross negligence Act or omission in reckless disregard of the consequences for the safety or property of
another; more than simple carelessness or neglect.
Guarantee To pledge or agree to be responsible for another's debt or contractual performance if
that other person does not pay or perform. The person who pledges is known as
guarantor.
Guardian A person who has been appointed by a judge to take care of a minor child or incompetent
adult personally and/or manage that person's affairs.
Guilty Having been convicted of a crime or having admitted the commission of a crime by
pleading guilty.

H
**Hearsay Evidence of which a witness does not have direct knowledge from his own senses but
which is based on what others have said.
Heinous Extremely horrible
Half blood Sharing one parent only.
Hearing Any proceeding before a judge or other magistrate
Heir One who acquires property upon the death of another, based on the rules of succession.
Homicide killing of a human being
Hostile witness A witness who is antagonistic to the party calling them and, being unwilling to tell the
truth, may have to be asked leading questions.
Hung parliament A parliament in which no party has clear majority.
I
Illicit Illegal
Immunity Exemption from penalties, payments or legal requirements, granted by authorities or
statutes.
**Impeachment The trying of a public official for charges of illegal acts committed in the performance of
public duty.
Impleader A procedural device before trial in which a party brings a third party into the lawsuit
because that third party is the one who owes money to an original defendant, which
money will be available to pay the original plaintiff.
Implicate To state that somebody is involved in a crime
Implied consent Consent when surrounding circumstances exist which would lead a reasonable person
to believe that this consent had been given, although no direct, express or explicit words
of agreement had been uttered.

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 Impotence A sexual problem associated with man wherein his penis fails to get hard or stay hard
Inadvertently unintentional
**Incriminate To suggest that somebody is responsible for a crime; inculpate
Inchoate It refers to something which has begun but has not been completed, either an activity or
some object which is incomplete.
Incorporeal Intangible legal rights, such as copyrights or patents.
Incorporeal Intangible property rights which may be inherited, such as easements.
hereditament
**Inculpate To suggest that somebody is responsible for a crime; incriminate
Incumbent If something is incumbent upon you to do something it is your duty or responsibility to
do it
Indemnity The act of making someone 'whole' or protected from (insured against) any losses which
have occurred or will occur.
Inherit To receive all or a portion of the estate of an ancestor upon his/her death, pursuant to
the laws of descent.
Injunction Court order that forbids a party to do something or compels him to do something
Innocent Without guilt; not guilty.
**Insolvent Person not able to pay his debts
**Intangible That cannot be perceived by the senses
Intent Mental desire and will to act in a particular way, including wishing not to participate.
Interim order Temporary court order of very limited duration, usually until the court has heard the full
facts of a case.
**Interlocutory decree A court judgment which is temporary and not intended to be final until either the matter
comes before the judge, or there is a specified passage of time to determine if the
interlocutory decree is working and should become final.
Interrogate To question somebody for a long time to obtain information; to quiz
**Intestate Person who dies without making a valid will.
Irreparable damage or The type of harm which no monetary compensation can cure or put conditions back the
injury way they were.
J
Joint tenancy Ownership of property by two or more people with a right of survivorship.
Jurisdiction The scope of the lawful power vested in an authority
Judgment The final decision by a court in a lawsuit or criminal prosecution
Judgment creditor The winning plaintiff in a lawsuit to whom the court decides that the defendant owes
money.
Judgment debtor The losing defendant in a lawsuit who owes the amount of the judgment to the winner.
Judicial proceeding Any action by a judge re: trials, hearings, petitions or other matters formally before the
court.
Judicial review Proceedings in which a court is asked to rule on a decision of an administrative body or
quasi-judicial tribunal.
**Justiciable It refers to a matter which is capable of being decided by a court.
K
Kangaroo court An unofficial court wherein people are punished unfairly
Kin Relationship by blood.
Knave A dishonest and untrustworthy person
L
Larcency It is the crime of stealing something from somebody

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 Laundering Crime involving the hiding of the original source of illegally obtained money.
Leading question A question asked to a witness by an attorney during a trial or a deposition.
Lease Contract between a property owner and another person for temporary use of property, in
exchange for rent.
Legal aid Government scheme providing advice or assistance from a solicitor or barrister free or at a
reduced rate.
Legal duty The responsibility to others to act according to the law.
Legal professional Confidential communications between a lawyer and client may not be revealed in court
privilege unless the client, expressly or impliedly, waives the privilege.
Liability Any legal obligation or duty, now or in the future.
Licence Permission to do something on or with someone else’s property which, if it were not for the
licence, could be legally prevented or could give rise to an action in tort or trespass.
**Lien Right to hold property which has been sold, but not finally paid for.
Life estate Right of a tenant to use land during his lifetime.
Limitation of actions The Statute of Limitations sets down times within which proceedings must be brought.
Lineal descendant Direct descendant (for example, the child of his natural parent).
Liquidated damages An amount of money agreed upon by both parties to a contract which one will pay to the
other upon breaching (breaking or backing out of) the agreement or if a lawsuit arises due
to the breach.
Liquidation Sale of all the assets of a company or partnership by a liquidator and use of the proceeds to
pay off creditors.
Litigant Any party to a lawsuit.
M
**Malefaction Wrongdoing; a wrongful act
Malice A conscious, intentional wrongdoing either of a civil wrong or a criminal act
Mandatory Absolutely demanded or required.
Manslaughter The unlawful killing of another person without premeditation or malice.
Misappropriation The intentional, illegal use of the property or funds of another person for one's own use or
other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor
or administrator of a dead person's estate or by any person with a responsibility to care for
and protect another's assets (a fiduciary duty).
Misjoinder Striking out a person mistakenly named as a party to a suit.
Misrepresentation False material statement which induces a party to enter into a contract; grounds for
rescission of the contract.
Moot court Dummy legal case
Moratorium Stopping an activity for a limited period by formal agreement
Mortgage An interest given on land, in writing, to guarantee the payment of a debt or the execution of
some action.
Motive Probable reason behind the commission of a crime
N
Narco analysis A test wherein an accused is put in a drug-induced situation and is quizzed by the authority
to get information as regards a crime
Natural justice The requirement for application of the tenets audi alteram partem (hear the other side)
and nemo judex in causasua (no-one may be a judge in his own case).
Natural person Human being with legal and Constitutional rights and duties
Negligence Carelessness.
Next friend A person (often a relative) who voluntarily helps a minor or incompetent in legal matters,
particularly by filing a lawsuit.

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 Next of kin Person’s nearest blood relation.
Nominal damages A small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but
suffered no substantial harm.
**Novation Substituting an old contract with a new contract
O
Oath A swearing to tell the truth, the whole truth and nothing but the truth; promise
Obligation A legal duty to pay or do something.
Oligarchy An oligarchy is a small group of people that runs and manages the government of a country.
Onus Ones’ responsibility or duty to do the act.
Offer Definite proposal to contract which, if accepted, completes the contract and binds both the
person that made the offer and the person accepting the offer to the terms of the contract.
Open court The conduct of judicial proceedings in which the public may be present.
**Ordain To command or order
Order Formal written direction by a judge.
Ordinance A statute enacted by the executive when the parliament is not in session.
Original Court where the case is initially filed.
jurisdiction
Overrule To decide that a prior decision on a legal issue was not correct and is therefore no longer a valid
precedent on that legal question.
P
Pardon To use the executive power of a Governor or President to forgive a person convicted of a crime.
**Parole The release of a convicted criminal before the completion of his sentence.
Partnership Two or more persons carrying on a business together.
**Perjury Deliberate lie under oath or in a sworn affidavit.
Perpetuity Forever, of unlimited duration.
Plaintiff Person who brings a case to court.
**Plea bargaining Pleading guilty of crimes in order to seek concession in punishment.
Pleading Written allegations or claims delivered by one claimant to another which formally set out the
facts and legal arguments supporting his position.
Polygamy Having more than one wife or husband at the same time.
Power of attorney Document under seal which gives a person the right to make binding decisions for another, as
an agent.
Precedent Court judgment which is cited as an authority in a later case involving similar facts.
Pre-empt If you pre-empt an action you prevent its happening by doing something that makes it
unnecessary or impossible.
Preliminary A court order made in the early stages of a lawsuit
injunction
Private law Domestic law which regulates the relationships between individuals and in which the State is
not directly concerned.
Probate law That part of the law which regulates wills and other subjects related to the distribution of a
deceased person’s estate.
**Probation A chance to remain free given by a judge to a person convicted of a crime instead of being sent
to jail or prison, provided the person can be good.
Proceeding Any legal filing, hearing, trial and/or judgment in the ongoing conduct of a lawsuit or criminal
prosecution.
Promissory note Unconditional, written and signed promise to pay a certain amount of money on demand or at
a certain defined date in the future.
Promulgate To make known to the people by official announcement.

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 Proxy Agent who votes on behalf of another.
**Punitive Special, exceptional damages ordered by a court where an act or omission was of a particularly
damages serious, extensive or malicious nature.

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Q
Quantum Latin: amount or extent.
Quash To annul or set aside.
Quasi-judicial It refers to the actions of an agency, boards or other government entity in which there are
hearings, orders, judgments or other activities similar to those conducted by courts.
Question hour It is the first hour in the session of the Indian Parliament, where any question can be raised by
the members on any aspect of administrative activity.
Question of fact In a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity must be
determined by the trier of fact (the jury or the judge in a non-jury trial) in order to reach a
decision in the case.
Question of law An issue arising in a lawsuit or criminal prosecution which only relates to determination of
what the law is, how it is applied to the facts in the case, and other purely legal points in
contention.
R
**Ransom Money that is demanded or paid as a consideration for their lease of a person.
Receiver A neutral person appointed by a judge to take charge of the property and business of one of
the parties to a lawsuit and receive his/her rents and profits while the right to the moneys
has not been finally decided.
Reconciliation Act of becoming friends again after quarrel.
Redemption The act of redeeming, buying back property by paying off a loan, interest etc
Relief Legal remedy in the form of money award, injunction, return of property, property title,
alimony etc
Remand To send back.
Renewal Keeping an existing arrangement in force for an additional period of time.
**Renunciation Giving up a right, waive
Repudiation Denial of the existence of a contract and/or refusal to perform a contract obligation.
**Rescission Abrogation or cancellation of a contract
Respondent Person against whom a summons is issued, or a petition or appeal brought.
Reversal The decision of a court of appeal ruling that the judgment of a lower court was incorrect and
is therefore reversed.
Reversion Future interest in property retained by a transferor or his heirs
Revoke To annul or cancel an act, particularly a statement, document or promise, as if it no longer
existed.

S
Sanction To ratify, to approve or to punish.
Satisfaction Receiving payment or performance of what is due.
Search warrant Written order giving permission to enter private property, to search for and seize evidence
of the commission of a crime.
**Self-incrimination Things tending towards one own involvement in a crime.
Sentence The punishment given to a person convicted of a crime.
Set aside To annul or negate a court order or judgment by another court order.
**Set-off A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should
be subtracted from the amount of damages claimed by plaintiff.
Settlement Agreed compromise of proceedings.
Shareholder The owner of one or more shares or stock in a company entitled to receive dividends for each
share as determined by the board of directors.
**Show cause order An order of the court, directing a party to a lawsuit to appear on a certain date to show cause
why the judge should not issue a specific order or make a certain finding.

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 **Solvent A person who has discharged his debts
Special damages Damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as
the result of the breach of contract, negligence or other wrongful act by the defendant.
Standard of care The care, attention, caution and prudence that a reasonable person in the circumstances
would exercise.
Statute Written law enacted by the Parliament or state legislature.
Subrogation Substitution of one person or thing for another by operation of law, without the agreement
of the person from whom the rights are transferred.
Substantive law Law which establishes principles and creates and defines rights and obligations, as
differentiated from procedural law, which sets the rules and methods employed to obtain
one's rights and, in particular, how the courts are conducted.
**Summons Written command to a person to appear in court.
Surety Person who has pledged himself by deed to ensure that another person fulfils an obligation,
such as appearing in court or paying back a loan.

T
Tangible property Physical articles as distinguished from incorporeal assets.
Temporary A court order prohibiting an action by a party to a lawsuit until there has been a trial or other
injunction court action.
Tender Unconditional offer of a party to a contract to perform his side of the bargain.
Tenure Right to hold or occupy land or a position for a certain amount of time.
**Testator Person who dies after making a valid will.
Testimony Verbal presentation of evidence in court.
Title Ownership of real property or personal property, which stands against the right of anyone
else to claim the property.
**Treason A crime of betraying one's own country
Trial The procedure of examining facts and law by a judge exercising authority to hear the matter.
Tribunal Any court, judicial body or board which has quasi-judicial functions.
Trust Property given by a donor or settler to a trustee, for the benefit of another person.
U
Unconscionable It refers to a contract or bargain which is so unfair to a party that no reasonable or
informed person would agree to it.
Undertaking Enforceable promise given to court.
Unjust enrichment Profit unjustly obtained by a wrongdoer.
**Usury Excessive or illegal interest rate.
**Uterine Having the same mother but different fathers.
V
Vacate For a judge to set aside or annul an order or judgment which he/she finds was improper.
Variation Alteration of term of court order.
Venal Willing to do anything in return for money even such things are dishonest or immoral;
mercenary
Vest To give an absolute right to title or ownership, including real property and pension rights.
Veto If a person in authority vetoes something it stops it from taking place.
Vexatious litigation Filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother,
annoy, embarrass and cause legal expenses to the defendant.
Void Without legal effect.
Voidable Capable of being made void or valid.

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W
**Waiver Renunciation of a right or benefit.
**Wager A bet
**Warrant An order of a court which directs a law enforcement officer to arrest and bring a person before
the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear
for sentencing, owes a fine or is in contempt of court.
**Whistle blower An insider making public the illegal or immoral activities of his organisation.
Will A written document which leaves the estate of the person who signed the will to named persons.
Winding up Liquidating the assets of a company, distributing remaining assets to shareholders, and then
dissolving the business.
Witness A person who testifies under oath in a trial with first-hand or expert evidence useful in a lawsuit.
Z
**Zero hour Zero Hour, in Indian Parliament, refers to the left over time after Question Hour. During this hour,
members can raise matters of great importance without prior notice.

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