Legal Glossary

http://www.advocatekhoj.com/library/glossary/e.php
http://delhihighcourt.nic.in/glossary.asp?id=W
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Ab initio
From the very beginning.
Adversarial Procedure
A way of adjudicating a dispute in which one party asserts a claim or a right, a
nd the other denies it. The dispute is usually resolved by the acceptance of one
claim and the rejection of the other, making the proceedings adversarial. This
is recognized in the Code of Criminal Procedure, 1973, the Indian Evidence Act,
1872 and the Code of Civil Procedure, 1908.
Amicus curiae
Translated from the Latin as friend of the Court . An advocate appears in this capa
city when asked to help with the case by the Court or on volunteering services t
o the Court.
Audi alteram partem
is a Latin phrase meaning "listen to the other side", or "let the other side be
heard as well". It is the principle that no person should be judged without a fa
ir hearing in which each party is given the opportunity to respond to the eviden
ce against them.
Advocate-on-record (AOR)
An advocate who has passed a qualifying examination conducted by the Supreme Cou
rt. The examination is taken by an advocate who has been enrolled with a Bar Cou
ncil for at least five years and has completed one year''s training with an AOR
of not less than five years standing. Only an AOR can file a vakalath, a petitio
n, an affidavit or any other application on behalf of a party in the Supreme Cou
rt. All the procedural aspects of a case are dealt with by the AOR, with the ass
istance of a registered clerk. It is the AOR''s name that appears on the cause l
ist. The AOR is held accountable, by the Court, for the conduct of the case. Any
notices and correspondence from the Court are sent to the AOR, and not to the p
arty.
ad hoc: Forone specific case, "they were appointed ad hoc"
apropos: very appropriate , "the song feels apropos to a midnight jaunt" ;; with
reference to; concerning.; "she remarked apropos of the initiative, It's not goi
ng to stop the abuse " ;;;
synonyms: befitting,,germane,
affront:imsult ; it's a crude affront of law.
apposite: apt; approriate
alacrity:eagerness
axiom:saying/maxim; "the doctrine of sovereign immunity originated with the axio
m that the king can do no wrong"

alibi:(law) a defence by an accused person purporting to show that he or she cou

ld not have committed the crime inquestion; excuse
ante:before
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barrister
n. in the United States a fancy name for a lawyer or attorney. In Great Britain,
there is a two-tier bar made up of solicitors, who perform all legal tasks exce
pt appearance in court, and barristers, who try cases. Some solicitors will "tak
e the silk" (quaint expression) and become barristers.

bequeath
v. to give personal property under provisions of a will (as distinct from "devis
e," which is to give real estate). 2) the act of giving any asset by the terms o
f a will.
befitting: Appropriate to; "behaviour befitting a father"
bona fide :genuine, authentic
adj. Latin for "good faith," it signifies honesty, the "real thing" and, in the
case of a party claiming title as bona fide purchaser or holder, it indicates in
nocence or lack of knowledge of any fact that would cast doubt on the right to h
old title.
Bench
The composition of judges sitting to hear a matter in court. In the High Court,
judges can sit singly, in division benches of two judges or in full benches of t
hree or more judges. In the Supreme Court, the vacation judge or judge in chambe
rs may sit singly; division benches comprise two or three judges; constitution b
enches five or more judges. The largest bench constituted in the Supreme Court h
as been of thirteen judges for the Kesavananda Bharati case in 1973. One or more
judges in a case may give judgement, but it is the majority opinion that is the
judgement of the Court. A smaller bench is bound by the judgement of a larger b
ench; the judgement of a bench can only be overruled by the judgement of a large
r bench. See judgement.

Bona vacantia
Goods that do not have an owner. Generally they go to the finder.
Brief
A bunch of papers, in the form of a paperbook, relating to a case. A brief is co
mpiled by an advocate, filed in the Court and used during hearings.

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calumny
n. the intentional and generally vicious false accusation of a crime or other of
fense designed to damage one's reputation.

capital punishment
n. execution (death) for a capital offense.
capricious:whimsical/vigarious
adv., adj. unpredictable and subject to whim, often used to refer to judges and
judicial decisions which do not follow the law, logic or proper trial procedure.
A semi-polite way of saying a judge is inconsistent or erratic.
carnal knowledge is an archaic or legal euphemism for sexual intercourse.
caveat
n. (kah-vee-ott) from Latin caveat for "let him beware." 1) a warning or caution
. 2) a popular term used by lawyers to point out that there may be a hidden prob
lem or defect. In effect, "I just want to warn you that ."
Caveat
Where it is apprehended that an opposite party may file a case, a party may file
a document requesting the court that no order be made in the case without heari
ng the caveator.
caveat emptor
(kah-vee-ott emptor) Latin for "let the buyer beware."

cease and desist order

n. an order of a court or government agency to a person, business or organizatio
n to stop doing something upon a strong showing that the activity is harmful and
/or contrary to law.
Cause List

List issued by the Registry of the matters to be heard by the court on any day.
The bench, courtroom number and the position of the matter are indicated.
The cause list may take myriad forms: weekly list, advance list, supplementary l
ist and the daily list.
Cause Title
Title of the case giving the number of the case and the names of the parties.

Challan
It is the police report filed under Section 173(2) of the Code of Criminal Proce
dure, 1973 after making investigation into the commission of an offence.
Cognizable offence
An offence in which arrest can be made without a warrant.
commutation
n. the act of reducing a criminal sentence resulting from a criminal conviction
by the executive clemency of the Governor of the state, or President.
compos mentis
n. (com-pose-men-tis) Latin for "having a sound mind."
condone
v. 1) to forgive,
conjugal rights
n. a spouse's so-called "rights" to the comforts and companionship from his/her
mate, meaning sexual relations.
construe
v. to determine the meaning of the words of a written document, statute or legal
decision, based upon rules of legal interpretation as well as normal, widely ac
cepted meanings.
contra
adj. Latin for "against" or "opposite to".
conjure:Summon into action or bring into existence, often asif by magic;"conjure
up the spectre of unemployment;Askfor or request earnestly; adjure;beseech:Askfor
or request
censure: reprimand
corpus
n. 1) Latin for body. 2) the principal (usually money, securities and other asse
ts) of a trust or estate as distinguished from interest or profits.
corpus delicti
n. (corpus dee-lick-tie) Latin for the substantial fact that a crime has been co
mmitted, and in popular crime jargon, the body of the murder victim.
corpus juris
n. the body of the law, meaning a compendium of all laws, cases and the varied i
nterpretations of them.
culpable: blameworthy

adj. sufficiently responsible for criminal acts or negligence to be at fault and

liable for the conduct.
coram:in presence of
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de facto
adj. Latin for "in fact." Often used in place of "actual" to show that the court
will treat as a fact authority being exercised or an entity acting as if it had
authority, even though the legal requirements have not been met.
De facto is a Latin expression that means "in fact, in reality, in actual exist
ence, force, or possession, as a matter of fact" (literally "of fact").
de jure
adj. Latin for "lawful," as distinguished from de facto (actual).

de minimis
adj. (dee-minnie-miss) Latin for "of minimum importance" or "trifling." Essentia
lly it refers to something or a difference that is so little, small, minuscule o
r tiny that the law does not refer to it and will not consider it.
de novo
adj. Latin for "anew," which means starting over, as in a trial de novo. For exa
mple, a decision in a small claims case may be appealed to a local trial court,
which may try the case again, de novo.

Dasti Notice
Dasti is a persian word, which means by hand . Dast Notice means service of the not
ice by the Petitioner on the Respondent(s) in person, and not by the Registry th
rough post. This requires a specific order by the court. It is a procedural devi
ce that assists the petitioner in minimizing delay.

decree
n. in general, synonymous with judgment.
Dominus Litis
The actual litigant directly interested in the case and its outcome.
deed
1) n. the written document which transfers title (ownership) or an interest in r
eal property to another person.
delinquent :culprit
demurrer
n. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in

effect, pleads for dismissal on the point that even if the facts alleged in the
complaint were true, there is no legal basis for a lawsuit.
deposition
n. the taking and recording of testimony of a witness under oath before a court
reporter in a place away from the courtroom before trial.
depose
v. 1) to ask questions of a witness or a party to a lawsuit at a deposition (tes
timony outside of the courtroom before trial). 2) to testify at a deposition.
devolve
v. when property is automatically transferred from one party to another by opera
tion of law, without any act required of either past or present owner. The most
common example is passing of title to the natural heir of a person upon his/her
death. 2) passing of authority to a vice president on the death of a president.
3) to give a territory sovereign rights to run itself.
dictum
n. Latin for "remark," a comment by a judge in a decision or ruling which is not
required to reach the decision, but may state a related legal principle as the
judge understands it. While it may be cited in legal argument, it does not have
the full force of a precedent (previous court decisions or interpretations) sinc
e the comment was not part of the legal basis for judgment. The standard counter
argument is: "it is only dictum (or dicta)".
denuding:Remove or clear everything sothat nothing is left;"denude a forest"

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ejusdem generis
(eh-youse-dem generous) v adj. Latin for "of the same kind," used to interpret l
oosely written statutes. Where a law lists specific classes of persons or things
and then refers to them in general, the general statements only apply to the sa
me kind of persons or things specifically listed. Example: if a law refers to au
tomobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehi
cles" would not include airplanes, since the list was of land-based transportati
on.
Epistolary Jurisdictio

A term referring to change in the procedure of the courts allowing letters to be

treated as writ petitions.
egress
n. way of departure. A word usually used in conjunction with "access" or "ingres
s."
ejectment
n. a lawsuit brought to remove a party who is occupying real property. This is n
ot the same as an unlawful detainer (eviction) suit against a non-paying or unsa
tisfactory tenant. It is against someone who has tried to claim title to the pro
perty.
easement
n. the right to use the real property of another for a specific purpose. The eas
ement is itself a real property interest, but legal title to the underlying land
is retained by the original owner for all other purposes. Typical easements are
for access to another property (often redundantly stated "access and egress," s
ince entry and exit are over the same path), for utility or sewer lines both und
er and above ground, entry to make repairs on a fence or slide area, drive cattl
e across and other uses.
eleemosynary
(eh-luh-moss-uh-nary) adj. charitable, as applied to a purpose or institution.
enjoin
v. for a court to order that someone either do a specific act, cease a course of
conduct or be prohibited from committing a certain act. To obtain such an order
, called an injunction, a private party or public agency has to file a petition
for a writ of injunction, serve it on the party he/she/it hopes to be enjoined,
allowing time for a written response.
ergo
(air-go)conj. Latin for "therefore," often used in legal writings. Its most famo
us use was in Cogito, ergo sum: "I think, therefore I am" principle by French ph
ilosopher Rene Descartes (1596-1650).
estop
v. to halt, bar or prevent.
et al.
n. abbreviation for the Latin phrase et alii meaning "and others." This is commo
nly used in shortening the name of a case.

ex officio
a (ex oh-fish-ee-oh)dj. Latin for "from the office," to describe someone who has
a right because of an office held, such as being allowed to sit on a committee
simply because one is president of the corporation.
Ex gratia
Translates from Latin as out of grace . Where a court directs that a payment be mad
e to a party ex gratia, it may not be adjusted against any legal right or claim
of that party.
ex post facto :retrospectively

adj. Latin for "after the fact," which refers to laws adopted after an act is co
mmitted making it illegal although it was legal when done, or increasing the pen
alty for a crime after it is committed.
executive clemency
n. the power of a President in criminal cases to pardon a person convicted of a
crime, commute the sentence (shorten it, often to time already served) or reduce
it from death to another lesser sentence
executive order
n. a President's or Governor's declaration which has the force of law, usually b
ased on existing statutory powers, and requiring no action by the state legislat
ure.

exemplary damages
n. 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.
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Fait accompli
A thing already done.
Functus officio
Having discharged his duty.
family purpose doctrine
n. a rule of law that the registered owner of an automobile is responsible for d
amages to anyone injured when the auto is driven by a member of the family with
or without the owner's permission. The theory of this liability is that the vehi
cle is owned for family purposes.
felony
n. 1) a crime sufficiently serious to be punishable by death or a term in prison
, as distinguished from a misdemeanor which is only punishable by confinement to
local jail and/or a fine.
fungible things
n. sometimes merely called "fungibles," goods which are interchangeable, often s
old or delivered in bulk, since any one of them is as good as another. Grain or
gravel are fungibles, as are securities which are identical.
ferret: Search and discover through persistent investigation; She ferreted out t
he truth"
force majeure; an act of God
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High Court
Article 214 of the Constitution provides that each state shall have a High Court
. This is the highest court in a state and is subordinate only to the Supreme Co
urt of India. The powers of the High Court are broadly categorized as judicial a
nd administrative. In its judicial function the High Court can be approached dir
ectly (eg. writ petitions), or in appeals or revisions both civil and criminal. In
its administrative function the High Court supervises the functioning of the lo
wer judiciary in the State. In the civil side, in an ascending order of hierarch

y, is the Civil Judge (Junior Division), Civil Judge (Senior Division), the Addi
tional District Judge and the District Judge; the criminal side includes Metropo
litan Magistrates, Chief Metropolitan Magistrates, Additional Sessions Judges an
d the Sessions Judge. The powers of a High Court do not extend beyond the territ
ory of the State. While every decision of the Supreme Court is binding on the Hi
gh Courts, the decisions of one High Court is not binding on the other. The High
Court is a court of record.
hearsay
n. 1) second-hand evidence in which the witness is not telling what he/she knows
personally, but what others have said to him/her.
homicide
n. the killing of a human being due to the act or omission of another. Included
among homicides are murder and manslaughter, but not all homicides are a crime,
particularly when there is a lack of criminal intent. Non-criminal homicides inc
lude killing in self-defense, a misadventure like a hunting accident or automobi
le wreck without a violation of law like reckless driving, or legal (government)
execution. Suicide is a homicide, but in most cases there is no one to prosecut
e if the suicide is successful. Assisting or attempting suicide can be a crime.
hackneyed:Repeated too often
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In lieu
Inplace of, or as an alternative to. "in lieu we could buy a used car"
In limine (lim-in-nay)
Translated from the Latin as preliminary , for example, when a writ petition is dis
missed in limine, it is dismissed at the admission stage.
In pari delicto
When both the parties are equally in fault.
Interpleader suit
Interpleader suits are governed by Order XXXV of the Code of Civil Procedure, 19
08. They are brought by a third person to have a court determine the ownership r
ights of rival claimants to the same money or property that is held by that thir
d person.
Interlocutory Application
petition seeking a relief even while the main petition remains in the Court. Thi
s may be in the nature of a stay, direction, permission (e.g. to amend the petit
ion), exemption (e.g. from payment of court fees), condonation of delay, modific
ation or clarification of an earlier order, restoration of a petition dismissed
for nonappearance of a party.
incarcerated
Lockup or confine, in or as in a jail
"the murderer was incarcerated for the rest of his life"
insurrection: uprising, revolt
injunction
(law) a judicial remedy issued inorderto prohibit a party from doing or continuing
to do a certain activity, cease and desit order
"injunction were formerly obtained by writ but now by a judicial order"

innuendo/insuination:
n. from Latin innuere, "An indirect (and usually malicious) implication" In law
it means "an indirect hint." "Innuendo" is used in lawsuits for defamation (libe
l or slander), usually to show that the party suing was the person about whom th
e nasty statements were made or why the comments were defamatory.
inter alia
(in-tur eh-lee-ah) prep. Latin for "among other things". This phrase is often fo
und in legal pleadings and writings to specify one example out of many possibili
ties. Example: "the committee recommended, inter alia, that he be promoted"; "T
he judge said, inter alia, that the time to file the action had passed".
inter se
(in-tur say)prep. Between or among themselves. "they deal with the rights of the
members of the company inter se"
inchoate
Only partly in existence; imperfectly formed;"a vague inchoate idea"
indictment
n. a charge of a felony (serious crime) voted by a Grand Jury based upon a propo
sed charge, witnesses' testimony and other evidence presented by the public pros
ecutor..
infra
prep. Latin for "below," this is legal shorthand to indicate that the details or
citation of a case will come later on in the brief. Infra is distinguished from
supra, which shows that a case has already been cited "above".

incrimination :blame
impugn: challenge; impugned judgement
imputed :attributed/assigned
in pari causa: in a similar case
ipso facto
(ip-soh fact-toe)prep. Latin for "by the fact itself". A simple example: "a blin
d person, ipso facto, is not entitled to a driver's license".
inure
v. result in. Commonly used in legal terminology in the phrase: "to inure to the
benefit of John".

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Jurisdiction

This indicates the scope and extent of a court s powers. For instance, a court onl
y has territorial jurisdiction within the territory over which its powers extend
. Jurisdiction is also used to describe the nature of the proceedings in the Cou
rt, for example: civil original jurisdiction, criminal appellate jurisdiction. A
court s decision can always be challenged on the ground that while deciding a cas
e it has exceeded its jurisdiction, i.e. powers, or that it has exercised a juri
sdiction it does not possess.
Judgment-debtor
Any person against whom a decree has been passed or an order capable of executio
n has been made;
Judicial Review
A term that describes the function of the judiciary being able to examine and co
rrect the actions of all the organs of State the executive, the legislature and th
e judiciary itself. Judicial review is part of the basic structure of the Indian
Constitution.
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harbinger: precursor
hackneyed:Repeated too often;commonplace platitudes; trite;overfamiliar through
overuse
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juxtaposition:the fact of two things being seen or placed close together with co
ntrasting effect.
"the juxtaposition of these two images"

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Locus Standi
Translated from Latin as place of standing , locus standi gives the right to pursue
a litigation. (law) the ability of a party to bring a lawsuit or participate in
a particular case. Under this rule, only a person or group of persons affecte
d by the issue may petition the Court. A petition may be dismissed on the prelim
inary ground that the petitioner lacks locus standi. However, in PIL, the locus
standi of public spirited persons to petition on behalf of others has been recog
nized. This relaxation of the rule of standing is an important feature of PIL for
instance, journalists, lawyers, politicians, social activists, students, or any c
oncerned individual not acting for personal interest or gain, and not as a busy bo
dy , have been given standing.
Legal Aid
A system by which legal services are rendered at government cost to those in fin
ancial need and who cannot afford the cost of litigation. This is mandated by Ar
ticle 39A of the Constitution. In Delhi, the Delhi High Court Legal Services Com
mittee (DHCLSC) and the Delhi Legal Services Authority (DLSA) provide legal aid
on behalf of the State.
lynch:Kill without legal sanction;"The blood-thirsty mob lynched the alleged kil
ler of the child"
latent: dormant,;hidden;"they have a huge reserve of latent talent";
lacerate:Deeply hurt the feelings of;"his lacerating remarks";tear or make deep

cuts in (flesh or skin).

lucid:easy to understand.
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Mutatis Mutandis
This means that matters or things are generally the same, but that details such
as names, offices etc. are altered when necessary.
With the necessary changes having been carriedout;;; The law in a particular sit
uation is said to apply mutatis mutandis in a different situation when it is use
d with any changes that are necessary in the latter.

"mens rea", which is simply Latin for a "guilty mind"

machination: A crafty and involved plot to achieve your (usually sinister) ends;
intrigue
misogynist:a person who dislikes, despises, or is strongly prejudiced against wo
men.
malaise:unhappiness, restlessness, uneasiness,
malfeasance : intentionally wrongdoing
Malfeasance is distinguished from "misfeasance," unintentional wrongdoing.
mercantile law
n. that broad area of the law (also called commercial law), statutes, cases and
customs which deal with trade, sales, buying, selling, transportation, contracts
and all forms of business transactions.
mesne
(mean, with a silent s) adj. from Norman French for intermediate, the middle poi
nt between two extremes. It is seldom used, except in reference to "mesne profit
s."
misdemeanor : a lesser crime punishable by a fine and/or county jail time for up
to one year. Misdemeanors are distinguished from felonies, which can be punishe
d by a prison term. They are tried in the lowest local court such as municipal c
ourts. Typical misdemeanors include: petty theft, disturbing the peace, simple a
ssault and battery, drunk driving without injury to others, drunkenness in publi
c, various traffic violations, public nuisances.
misnomer
n. the wrong name.
multifarious
adj., adv. reference to a lawsuit in which either party or various causes of act
ion (claims based on different legal theories) are improperly joined together in
the same suit. This is more commonly called misjoinder.

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Nemo
Nemo means that there is no appearance on behalf of a party to the case.
narcissist: Someone inlove with themselves;a selfish person
nisi prius
(nee-see pree-us) adj. Latin for "unless first,": "Court of original jurisdictio
n" is often substituted for the term nisi prius.
non compos mentis
(nahn com-pose meant-is) adj. referring to someone who is insane or not mentally
competent to conduct one's affairs.
non sequitur
(nahn sek [as in heck]-kwit-her) n. Latin for "it does not follow." The term usu
ally means that a conclusion does not logically follow from the facts or law, st
ated: "That's a non sequitur."
noxious
adj. harmful to health, often referring to nuisances.
nugatory
adj. of no force or effect; invalid. Example: a statute which is unconstitutiona
l is a nugatory law.
novation
n. agreement of parties to a contract to substitute a new contract for the old o
ne

nunc pro tunc

(nuhnk proh tuhnk) adj. Latin for "now for then," this refers to changing back t
o an earlier date of an order, judgment or filing of a document.

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Ordinance
A codified law made, as a temporary measure, by the President of India or the Go
vernor of a State when the Parliament or legislature of a state is not in sessio
n. This power is exercised under Articles 123 and 213 of the Constitution.
Obiter dicta
An incidental remark,(law) an opinion voiced by a judge on a point of law not di
rectly bearingon the case inquestion and therefore not binding
orifice:opening

obfuscate:Make obscure or unclear;change/alter

obstinate: stubborn
obsequious: subservient,;obedient;"they were served by obsequious waiters;servil
e,fawning, toadying,
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Perjury
This occurs when a person gives false evidence or false affidavit in a case ; th
e crime of intentionally lying after being duly sworn
Puisne Judge
A judge other than the Chief Justice.
Prima facie
At first sight; on the face of it.
pliant : flexible
prefatory: introductry
per contra : on the other hand.
prorogation : discontinunace
prodigal:extravagant, spendthrift,
parole
n. 1) the release of a convicted criminal defendant after he/she has completed p
art of his/her prison sentence, based on the concept that during the period of p
arole, the released criminal can prove he/she is rehabilitated and can "make goo
d" in society. A parole generally has a specific period and terms such as report
ing to a parole officer, not associating with other ex-convicts, and staying out
of trouble. Violation of the terms may result in revocation of parole and a ret
urn to prison to complete his/her sentence. 2) a promise by a prisoner of war th
at if released he will not take up arms again.
per diem
adj. or n. Latin for "per day," it is short for payment of daily expenses and/or
fees of an employee or an agent.
picketing
n. standing or parading near a business or government office usually with signs
of protest
plenary
adj. full, complete, covering all matters, usually referring to an order, hearin
g or trial.
pro per
adj. short for "propria persona," which is Latin for "for oneself," usually appl
ied to a person who represents himself/herself in a lawsuit rather than have an
attorney.

pro se
(proh say) prep. Latin for "for himself." A party to a lawsuit who represents hi
mself (acting in propria persona) is appearing in the case "pro se."

punitive damages
n. (synonymous with exemplary damages), damages awarded in a lawsuit as a punish
ment and example to others for malicious, evil or particularly fraudulent acts.
putative
adj. commonly believed, supposed or claimed. Thus a putative father is one belie
ved to be the father unless proved otherwise, a putative marriage is one that is
accepted as legal when in reality it was not lawful (e.g. due to failure to com
plete a prior divorce). A putative will is one that appears to be the final will
but a later will is found that revokes it and shows that the putative will was
not the last will of the deceased.
==========
quasi
(kway-zeye, kwah-zee) adj., adv. from Latin for "as if," almost, somewhat, to a
degree (always used in combination with another word). Quasi refers to things an
d actions which are not exactly or fully what they might appear, but have to be
treated "as if" they were.
quintessence :The most typical example or representative of a type
quiescent:dormant
qua: with respect to
quid pro quo: something for something
quorum: the sufficient number required to proceed to business

=======================
Ratio decidendi
The reason behind or crux of a judicial decision.
Rule Nisi
When admitting a writ petition for being heard, a court orders rule nisi which m
eans that the respondents are asked to show cause why the petition should not be
allowed, i.e. why the rule issued may not be made absolute. If the petition is
allowed, the Court orders that the rule is made absolute. If the petition is dis
missed, the Court states that the rule has been discharged.
ratify
v. to confirm and adopt the act of another even though it was not approved befor
ehand.

res
(rayz)n. Latin, "thing." In law lingo res is used in conjunction with other Lati
n words as "thing that".
res adjudicata
n. a thing (legal matter) already determined by a court, from Latin for "the thi
ng has been judged". More properly res judicata.
res gestae
(rayz jest-tie) n. from Latin for "things done", it means all circumstances surr
ounding and connected with a happening. Thus, the res gestae of a crime includes
the immediate area and all occurrences and statements immediately after the cri
me. Statements made within the res gestae of a crime or accident may be admitted
in court even though they are "hearsay" on the basis that spontaneous statement
s in those circumstances are reliable.
===================
Senior Advocate
An advocate who has been designated as such by either the Supreme Court or the H
igh Court. A Senior Advocate cannot file a vakalathnama, appear in the Court wit
hout another advocate or advocate-on-record, cannot directly accept an engagemen
t to appear in a case or draft pleadings. A senior advocate argues cases in Cour
t upon instructions from another advocate. Senior advocates wear gowns that have
flaps on the shoulders.
Sui generis
Translated from the Latin. Unique, of his/her own kind , this means that a person,
place or thing is of a distinctive nature.
Statute
A codified law that is enacted by the Parliament or a State Legislature. A statu
te may provide for the making of Rules and Regulations by the executive to facil
itate its implementation.
Stare decisis
The principle that decisions of Courts in previous cases must be followed in sub
sequent cases of similar nature.
Special Leave Petition
The correctness of any order made by any court or tribunal can be questioned by
filing a petition in the Supreme Court under Article 136 of the Constitution. If
the Supreme Court grants permission, i.e. "leave", the petition is registered a
s an appeal.
Supreme Court
The highest court in the country constituted under Article 124 of the Constituti
on. Its decisions are law under Article 141 and are binding on all lower courts.
It has unlimited powers to do complete justice. It exercises original as well a
s appellate jurisdiction. Under Article 143 the President of India can ask the S
upreme Court for an opinion on questions of law or fact. States can file suits a
gainst each other or against the Union of India under Article 131. The Supreme C
ourt can transfer cases to itself from the High Courts or from one High Court to
another under Article 139A of the Constitution. It can also transfer civil case

s from one Court to another under S 25 of the Code of Civil Procedure, 1908, and
likewise criminal cases under S 406 of the Code of Criminal Procedure, 1973. Ap
art from special leave petitions, in certain instances, appeals can be filed dir
ectly against the judgments of lower courts and tribunals. Petitions challenging
the election of the President or Vice-President of India are also filed directl
y in the Supreme Court. The chairperson of a public service commission may be re
moved only after an inquiry by the Supreme Court. The Supreme Court has a sancti
oned strength of 31 judges, headed by the Chief Justice of India. The seat of th
e Supreme Court is New Delhi and its language is English.
supra: above ; it is opposite of infra
scintilla
n. Latin for "spark." Scintilla is commonly used in reference to evidence, in th
e context that there must be a "scintilla of evidence" (at least a faint spark)
upon which to base a judgment.
sedition
n. the crime of advocacy of insurrection against the government or support for a
n enemy of the nation during time of war, by speeches, publications and organiza
tion. Sedition is a lesser crime than "treason," which requires actual betrayal
of the government, or "espionage."
==================
Suo motu, meaning "on its own motion," is a Latin legal term, approximately equi
valent to the term sua sponte. For example, it is used where a government agency
acts on its own cognizance, as in "the Commission took suo motu control over th
e matter."
suffrage; righ to vote
Suzerainty: domain,
sojourn: temporary stay
sanguine: optimistic
sine dine: indefinitely
status quo: current state of affairs
sine qua non
(see-nay kwah nahn) prep. Latin for "without which it could not be," an indispen
sable action or condition.
stare decisis
(stah-ree duh-sigh-sis) n. Latin for "to stand by a decision," the doctrine that
a trial court is bound by appellate court decisions (precedents) on a legal que
stion which is raised in the lower court. Reliance on such precedents is require
d of trial courts until such time as an appellate court changes the rule, for th
e trial court cannot ignore the precedent (even when the trial judge believes it
is "bad law").
statute
n. law enacted by the state legislature.

subpena or subpoena
(suh-pea-nah) n. an order of the court for a witness to appear
subrogation
n. assuming the legal rights of a person for whom expenses or a debt has been pa
id. Typically, subrogation occurs when an insurance company which pays its insur
ed client for injuries and losses then sues the party which the injured person c
ontends caused the damages to him/her.
==============
testimony
n. oral evidence given under oath by a witness in answer to questions posed by a
ttorneys at trial or at a deposition (questioning under oath outside of court).
tort :"wrong," a civil wrong or wrongful act, whether intentional or accidental,
from which injury occurs to another. Defamation, including intentionally tellin
g harmful untruths about another-either by print or broadcast (libel) or orally
(slander)-is a tort and used to be a crime as well.
=============
Ultra vires
Outside the power of

Vox populi
Translated from the Latin as

the voice of the people .

=================
vicariously:Indirectly, as, by, or through a substitute;"she enjoyed the wedding
vicariously"
virulent:Extremely poisonous or injurious;Infectious; "a virulent insect bite;;;
noxious=Injurious to physical or mentalhealth "noxious ideas"

===================
============================
wanton: Occurring without motivation or provocation; "wanton malignity"

Writ
A writ is a direction that the Court issues, which is to be obeyed by the author
ity/person to whom it is issued.
Writ Petition
A petition seeking issuance of a writ is a writ petition. Pits in the first inst
ance in the High Courts and the Supreme Court are writ petitions.
A writ of habeas corpus is issued to an authority or person to produce in court
a person who is either missing or kept in illegal custody. Where the detention i
s found to be without authority of law, the Court may order compensation to the

person illegally detained.

A writ of mandamus is a direction to an authority to either do or refrain from d
oing a particular act. For instance, a writ to the Pollution Control Board to st
rictly enforce the Pollution Control Acts. For a mandamus to be issued, it must
be shown:
a) That the authority was under obligation, statutory or otherwise to act in a p
articular manner;
b) that the said authority failed in performing such obligation;
c) that such failure has resulted in some specific violation of a fundamental ri
ght of either the petitioner or an indeterminate class of persons.
A writ of certiorari ((sersh-oh-rare-ee))is a direction to an authority to produ
ce before the Court the records on the basis of which a decision under challenge
in the writ petition has been taken. By looking into those records, the Court w
ill examine whether the authority applied its mind to the relevant materials bef
ore it took the decision. If the Court finds that no reasonable person could com
e to the decision in question, it will set aside (quash) that decision and give
a further direction to the authority to consider the matter afresh.
For instance, the permission given by an authority to operate a distillery next
to a school can be challenged by filing a petition asking for a writ of certiora
ri.
A writ of prohibition issues to prevent a judicial authority subordinate to the
High Court from exercising jurisdiction over a matter pending before it. This co
uld be on the ground that the authority lacks jurisdiction and further that prej
udice would be caused if the authority proceeds to decide the matter. Where the
authority is found to be biased and refuses to rescue, a writ of prohibition may
issue.
A petition seeking a writ of quo warranto questions the legal basis and authorit
y of a person appointed to public office. For instance, the appointment of a mem
ber of a Public Service Commission not qualified to hold the post can be questio
ned by a writ of quo warranto and appointment nullified if found to be illegal.
A writ of declaration issues to declare an executive, legislative or quasi- judi
cial act to be invalid in law. For instance, a court could declare S. 81 of the
Mental Health Act, 1987 that permits use of mentally ill patients for experiment
ation to be violative of the fundamental rights of the mentally ill and therefor
e illegal and void. A petition seeking such declaratory relief must also necessa
rily seek certain consequential reliefs. For instance, immediate discontinuance
of the illegal practice and appropriate remedial compensation.
These apart, a writ petition could seek other writs, orders and directions which
the Court may fashion in response to the facts placed before it.