Vous êtes sur la page 1sur 7

Actionable per se-The very act is punishable and no proof of damage is required.

Ad hoc-For the particular end or case at hand.


Amicus Curiae-A friend of court or member of the Bar who is appointed to assist the Court.
Bona fide- In good faith.

Caveat-A caution registered with the public court to indicate to the officials that they are not to act
Caveat actor- Let the doer beware.
Caveat emptor- Let the buyer beware.
Caveat venditor -Let the seller beware.
Certiorari- A writ by which orders passed by an inferior court is quashed.
Damnum sine injuria- Damage without legal injury.
De facto- In fact.
De jure-By law.
De novo- To make something anew.
Dictum-Statement of law made by judge in the course of the decision
Detinue-Tort of wrongfully holding goods which belong to someone else.
Denatio mortis causa-Gift because of death.
Estoppel-Prevented from denying.
Ex parte- Proceedings in the absence of the other party.
Ex gratia- As a favour.
Ex officio-Because of an office held.
Fatum- Beyond human foresight.
Factum probans-Relevant fact.
Functus officio-No longer having power or jurisdiction.
Habeas corpus- A writ to have the body of a person to be brought in before the judge.
Injuria sine damno- Injury without damage.
Ipso facto- By the mere fact.
In promptu- In readiness.
In lieu of- Instead of.
In personam- A proceeding in which relief I sought against a specific person.
Innuendo-Spoken words which are defamatory because they have a double meaning.
In status quo- In the present state.
Jus in personam-Right against a specific person.
Jus in rem- Right against the world at large.
Jus non scriptum-Customary law.
Jus scriptum- Written law.
Jus- Law or right.
Locus standi- Right of a party to an action to appear and be heard by the court.
Mala fide- In bad faith.
Mandamus-We command. A writ of command issued by a Higher Court to Government/Public
Authority, to compel the performance of a public duty.
Mens rea- Guilty mind.
Misnomer-A wrong or inaccurate name or term.
Modus operandi-Way of working.
Modus Vivendi- Way of living.

Novation- Transaction in which a new contact is agreed by all parties to replace an existing contract.
Onus probandi- Burden of proof.
Per se- By itself
Prima facie- At first sight.
Palimony- Money which the court orders a man to pay regularly to a woman with whom he has been
living and from whom he is separated.
Per curiam- By a court.
Per incuriam- Because of lack of care.
Quo warranto- By what authority. A writ calling upon one to show under what authority he holds or
claims a public office.
Ratio decidendi- Principle or reason underlying a court judgement.
Res ipsa loquitor- The thing speaks for itself.
Status quo-State of things as they are now.
Sine die- “with no day”(indefinitely)
Vis major-A ct of God.
Volenti non fit injuria- Damage suffered by consent gives no cause of action.

Veto- Ban or order not to allow something to become law,even if it has been passed by a parliament.
Waiver- Voluntarily giving up or removing the conditions.
Ab initio-from the beginning.
Actus reus- Part of what proves criminal liability
Ad hominem-Attacking an opponent's character rather than answering his argument
Animus possidendi – It means intention to possess
Bona fide-Means in good faith
De minimis– See de minimis rule of Copyright

Dictum- A statement given some weight or consideration due to the respect given the person making it
Ejusdem generis-It is one the aids to interpretation of Statutes
In curia- In court
In loco parentis– Means In the place of a parent, basically a guardian
In pari materiaIn the same matter
In re- Means in the matter
Ipso facto-Means by the fact itself
Jus cogens-One of the principles of International Law
Lis pendensSuit pending
Locus standi– Basically determines why a particular person is coming to court to seek relief
Mutatis mutandis - In simple words, having been changed that which needed to be changed
Non liquet- It is not clear type of verdict where positive guilt or innocence cannot be determined
Noscitur a sociis- Also a statute of interpretation
Obiter dictum-Not the judgment but the observations made by the court
Pacta sunt servanda – Also part of International Law

Per curiam -A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is
said to be authored by the court itself, instead of situations where those individual judges supporting the
decision are named
Quo warranto-Also a writ under Article 226 of the Constitution
Ratio decidendi - The point in a legal proceeding, or the legal precedent so involved, which led to the final
decision being what it was
Res judicata- A matter that has been finally adjudicated, meaning no further appeals or legal actions by the
involved parties is now possible
Sine qua non – Means an indispensable and essential action, condition, or ingredient
Sui generis-When a special and unique interpretation of a case or authority is found to be necessary

Accessorius sequitur - An accessory to the crime cannot be


guilty of a more serious crime than the principal offender.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus non facit reum nisi mens sit rea – A person will not be guilty without criminal intent.
Actus reus - A guilty deed or act.
Ad infinitum - Forever, without limit, to infinity.
Aequitas legem sequitur - Equity follows the law.
Alibi - At another place, elsewhere.
Animo testandi - With an intention of making a will.
Ante - Before.
Audi alteram partem - Hear the other side (A principal of natural justice)
Bona vacantia - Goods without an owner
Causa proxima, non remota spectatur – To determine the cause of an injury, the immediate, and not
the remote cause is to be considered.
Consensus ad idem - Agreement as to the same things.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous(present) exposition is
best and most powerful in law.
Contra - To the contrary.
Corpus delicti - The body, i.e. the body of crime.
De minimis lex non curat - The law does not notice trifling matters.
Doli incapax - Incapable of crime (minor)
Ejusdem generis- Of the same kind.
Ex gratia - Out of kindness, voluntary.
Ex post facto - By reason of a subsequent act.
Factum - An act or deed.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact can be excused, but
ignorance of law cannot be excused.
In delicto - At fault.
In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is
looked at.
In limine - At the outset, on the threshold.
In personam - Against the person.
In rem- Against the whole world
In situ - In its place.
Inter alia - Amongst other things.
Inter vivos- Between living persons
Interim - Temporary, in the meanwhile.
Ipso facto - By that very fact.
Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Jus naturale - Natural justice.

Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.
Lis pendens- A pending suit.
Mala in se - Bad in themselves.
Mandamus - We command.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nexus - Connection
Nisi - Unless
Non sequitur - An inconsistent statement
Pari passu - On an equal footing.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Pro rata - In proportion.
Quantum - An amount.
Qui facit per alium, facit per se - He who acts through another acts himself.
Quid pro quo - Consideration. something for something.
Re - In the matter of.
Res - Matter, affair, thing, circumstance.
Res judicata - A thing adjudged is accepted for the truth.
Respondeat superior - Let the principal answer.
Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property..
Stare decisis - To stand by decisions (precedents).
Sub silentio - In silence.
Ubi jus ibi remedium est - Where there is a right there is a remedy.
Volenti non fit injuria - An injury is not done to a person consenting to it.
DOCTRINES
Doct basic structure - basic str of cosntituition cant be amended or destroyed by amendment
Doct harmonious const - union and state list conflicts to be harmonously resolved
Doct of Elipse - if law against Fund rights, it doesn’t die butbecomes inactive

Doct Pith and Substance - real nature of law for suject matter in case of conflict in union state lists

Doct of Incidential/Ancilliary powes - for LISTS. The power to legislate is also for ancilliary matters
Doct of colourable legislation - what cant be done directly cant be done indirectly. Camaflouge
Doct of Severeability - if offending part in statute, only that part invalid, not whole statute
Doct Territorial Nexus -state can make law for its territory and for other if nexus is there, not void
Doct of Laches - Delay . Voids right if inordinate delay. But FR are not voided.
2 You must Actus reusdeals with the ‘act’ itself
3 Not allowed in Court
4
5 In order t Mostly used while dealing with Transfer of Property Act
6 I thought this was English for a very long time
7 Used in cl I recall t R Irani used to write a weekly column by the same name
8 My Copyright professor used it very often, now I use it often too
9
10 Enuf Said!
11 Statements by Learned Hand, Justice Frankfurter, Anton Scalia , I am just throwing names
12 It states For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "
13
14 Habeas co It is used Orders the See Which Indian Supreme Court decisions have been generally recog
15 – Essentia We use it Kidding
16
17
18
19 The name of cases begin with In Re at times
20
21 Use of this will earn you brownie points in case of an argument
22 Refers to An example is law prohibiting genocides and crimes against humanity
23
24
25 What is his interest?
26
27
28 A caution The caution is that the reader must adapt the example to change what is needed for it to ap
29 Also called "not proven" in legal systems with such verdicts
30 An ambiguoWhen a word is ambiguous, its meaning may be determined by reference to the rest of the s
31 SometimesSee No 36
32 Basically means agreements must be kept
33
34 Need I explain it?
35 The meani The writ o The issue of summon is followed by legal proceedings, during which an individua
36
37 Section 11 of the Civil Procedure Code
38 When citing cases and other authorities, lawyers and judges may refer to "a sui generis case", or "a sui g
39 To know how to use it in conversations which will result in hilarious effects, PM me
same name

wing names
are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes

have been generally recognized as being poor legal decisions?

what is needed for it to apply to the new situation

ference to the rest of the statute

during which an individual's right to hold an office or governmental privilege is challenged

ui generis case", or "a sui generis authority", meaning it is a special one confined to its own facts, and therefore may not be of broader app
reted as including airplanes)

may not be of broader application

Vous aimerez peut-être aussi