Common Legal Terms

7/30/2019 Common Legal Terms

1/31

Common legal terms


2/31

'Ind ian Penal Code'(IPC)

is the main criminal code of India. It is acomprehensive code, intended to cover allsubstantive aspects of criminal law. It was

drafted in 1860 and came into force incolonial India during the British Raj in1862. It has since been amended several

times and is now supplemented by othercriminal provisions.


3/31

LAW

means rule or command(s) of somedefinite human authority, thedisobedience to which will be followed by

some penalty. Legal definition of the term Law is - Rules

of conduct that have been approved bythe government and which are in forceover a certain territory and which must beobeyed by all persons on that territory(eg. the lawsof India).


4/31


5/31

REGULATIONS -

A law on some point of detail, supported by an enablingstatute, and issued not by a legislative body but by anexecutive branch of government.

A regulation is essentially a law but which draws its lifenot from the decision of a legislative assembly directlybut indirectly. A regulation is often passed by theexecutive branch of government. For example, thefederal cabinet meeting in session endorses a regulation.But a regulation has a unique feature: it must draw itsauthority from a statute. Every regulation must havesome statute which enables it.


6/31

STATUTES -

A statute is a written law passed by alegislature. Statutes set forth generalpropositions of law that courts apply to specific

situations. A statute may forbid a certain act, direct a

certain act, make a declaration, or set forthgovernmental mechanisms to aid society.

The written laws approved by legislatures,parliaments or elected or appointed houses ofassembly.


7/31

STATUTES

The term statutesignifies the elevation ofa bill from legislative proposal to law.State and federal statutes are compiled in

statutory codes that group the statutes bysubject. These codes are published inbook form and are available at law

libraries.


8/31

BILL

A proposed statute, not yet approved. It isthe draft of proposed law or statute whichhas been formally tabled before a

legislative assembly for consideration.A bill becomes legislation or a statute

when the appropriate parliamentary orlegislative assembly has approved it byholding a vote and in the result, giving itthe requisite number of approval votes.


9/31

BILL

A proposed statute, not yet approved. It isthe draft of proposed law or statute whichhas been formally tabled before a

legislative assembly for consideration.A bill becomes legislation or a statute

when the appropriate parliamentary orlegislative assembly has approved it byholding a vote and in the result, giving itthe requisite number of approval votes.


10/31

ACT

A bill which has passed through thevarious legislative steps required for it andwhich has become law.


11/31

ORDINANCE

An executive decision of a governmentwhich has not been subjected to alegislative assembly (contrary to a

statute).


12/31

Sub Judice

Latin term which means - under judicialconsideration? A matter that is still underconsideration by a court; still subject to

active litigation.


13/31

Prima facie

Latin term which means "at first look," or"on its face". referring to a lawsuit orcriminal prosecution in which the evidence

before trial is sufficient to prove the caseunless there is substantial contradictoryevidence presented at trial.

It means on the face of it or at first sight.


14/31

SEDITION

Sedition means conduct or languageinciting rebellion against the authority of astate, revolution; rebellion. In other

words, speech or behavior directedagainst the peace of a state. Sedition, anincitement to public disorder, is an offence

under law.


15/31

Under sec. 124A of IPC -

Whoever, by words, either spoken or written, orby signs, or by visible representation, orotherwise, brings or attempts to bring into

hatred or contempt, or excites or attempts toexcite disaffection towards the Governmentestablished by law in India shall be punishedwith imprisonment for life, to which fine may be

added, or with imprisonment which may extendto three years, to which fine may be added, orwith fine.


16/31

Under sec. 124A of IPC -

Whoever, by words, either spoken or written, orby signs, or by visible representation, orotherwise, brings or attempts to bring into

hatred or contempt, or excites or attempts toexcite disaffection towards the Governmentestablished by law in India shall be punishedwith imprisonment for life, to which fine may be

added, or with imprisonment which may extendto three years, to which fine may be added, orwith fine.


17/31

A Plaintiff

A plaintiff is the person who initiates acourt action by filing a complaint in thecourt against the defendant(s) demanding

damages, performance and/or courtdetermination of rights. A plaintiff issometimes called a petitioner. The party

who begins an action; the party whocomplains or sues in an action and isnamed as such in the court's records.


18/31

Defendant -

The party who has been sued in a civillawsuit or the party charged with a crimein a criminal prosecution and is defending

itself. In some types of cases (such asdivorce) a defendant may be called arespondent.


19/31

Accused

A person charged with a crime


20/31

Acquittal

What an accused criminal defendantreceives if he/she is found not guilty. It isa verdict/ a judgment of not guilty.


21/31

Affidavit

Any written document in which the signerswears under oath before a notary publicor someone authorized to take oaths, that

the statements in the document are true.


22/31

Defamation

It is an act of making untrue statements aboutanother person which damages his/herreputation. If the defamatory statement is

printed or broadcast over the media it is libeland, if only oral, it is slander.

Public figures, including officeholders andcandidates, have to show that the defamation

was made with malicious intent and was not justfair comment. U/s 499 and 500 of IPC


23/31

Evidence

Every type of proof legally presented at trial (allowed bythe judge) which is intended to convince the judge ofalleged facts material to the case.

It can include oral testimony of witnesses, including

experts on technical matters, documents, public records,objects, photographs and depositions (testimony underoath taken before trial).

It also includes "circumstantial evidence" which isintended to create belief by showing surrounding

circumstances which logically lead to a conclusion offact.


24/31

Prosecution

1) In criminal law, the governmentattorney charging and trying the caseagainst a person accused of a crime.

2) A common term for the government'sside in a criminal case, as in "theprosecution will present five witnesses" or

"the prosecution rests" (has completed itscase).


25/31

Conviction

The result of a criminal trial in which thedefendant has been found guilty of acrime.


26/31

Code

A collection of written laws gatheredtogether, usually covering specific subjectmatter. Signifies in general a collection of

laws. Thus, a state may have a civil code,penal code, evidence code, labor code,motor vehicle code and taxation code etc.


27/31

Incitement to violence

Incitement means Provocation.Incitement to violence means use anyword(s) or any act done which provoke

others to violence or hatred or rebel.


28/31

Affidavit

A written statement of facts sworn under oath, based on personalknowledge, not hearsay.

Amicus curiaeLatin for a friend of the court. The court allows an outside party

with an interest in the case to present their views. An information and indictment

An information is a sworn statement charging a person with acriminal offence. Usually the first document presented to a judge ofa lower court. An indictment is an information written for a highercourt (e.g., superior court).

AppellantThe party appealing a decision; the other party is the respondent.


29/31

Circumstantial evidenceA consistent set of facts that do not directly prove the

case but, by deduction, tend to lead one to a conclusion. Damages

Compensation claimed or awarded for damage.Compensatory damages replace actual loss; punitivedamages punish the wrongdoer and can be added to

compensatory damages. De facto/de jure

De factoris Latin for in fact;De jureis Latin for inlaw or in principle.

Defendant or accusedUnder criminal law, the person(s) or entity charged.

Crown or the Crown:The state, as represented by the prosecuting attorney


30/31

Ex parteLatin meaning from one side. A court may grant anexparteinjunction to stop an act when time is of

importance even though only one side is heard. Factum

A lawyers brief that states the facts in a case. Fiduciary

Person who agrees to act for the benefit of another

(e.g., a trustee). Habeas corpus

Latin for you must have the body. Ancient writ todemand the delivery of a person in custody to court, toprevent lawless detention.

InjunctionCourt order commanding someone to do or not do someact.


31/31

Hearsay and innuendoHearsay is evidence of a person not at trial to testify as to itsveracity, e.g. John told me he saw Mary at the hotel. Rarely

allowed as evidence. An innuendo is an implication or suggestion.

MalfeasanceA wrongful act. Nonfeasance means the wrongful omission of aduty.

Obiter dictum

Opinion by a judge on an issue not important to the resolution ofthe case and not binding on other courts. Prima facie

Latin for on first appearance. Reasonable person

A standard for behaviour that courts expect from people. This

person is fair, rational and avoids damage due to negligence.

Documents

Common Legal Terms