Legal dictionary

A

1. ab initioFrom the beginning; treated as having had no legal effect from the very start.Latin
2. abatementThe ending of a suit or appeal because a party dies and no legal representative is brought on record in time.English
3. abductionCompelling a person by force, or inducing them by deceit, to go from any place.English
4. abetmentInstigating, conspiring in, or intentionally aiding the commission of an offence.English
5. absolute liabilityLiability for harm from a hazardous industry with no exceptions allowed, not even act of God.English
6. absolute privilegeA complete defence in defamation for statements made on certain occasions, however false or malicious.English
7. acceptanceThe offeree's assent to a proposal, which turns the proposal into a promise.English
8. accompliceA person who took part with others in committing the crime being tried.English
9. accomplice evidenceTestimony given by a participant in the crime against his co-offenders.English
10. accord and satisfactionDischarge of a contract by agreeing to accept something different from what was owed, and receiving it.English
11. accusedA person formally charged with, or proceeded against for, a criminal offence.English
12. acharaCustom or approved usage, recognised as a source of classical Hindu law.Sanskrit
13. acquittalA court's finding, after trial, that the accused is not guilty of the offence charged.English
14. act of GodAn extraordinary natural event, without human agency, that no reasonable foresight could guard against.English
15. acta jure gestionisCommercial or private-law acts of a State, for which it may be sued in foreign courts.Latin
16. acta jure imperiiSovereign or governmental acts of a State, for which it is immune from foreign courts.Latin
17. actio personalis moritur cum personaA personal right of action dies with the person.Latin
18. actionable claimA claim to an unsecured debt, or to a beneficial interest in movable property not in one's possession.English
19. actus curiae neminem gravabitAn act of the court shall prejudice no one.Latin
20. actus dei nemini facit injuriamThe act of God does wrong to no one.Latin
21. actus non facit reum nisi mens sit reaAn act does not make a person guilty unless the mind is also guilty.Latin
22. actus reusThe physical element of a crime: the prohibited act, omission or result.Latin
23. ad hocFor this particular purpose only; not general or permanent.Latin
24. ad interimIn the meantime; temporary until a further order is passed.Latin
25. ad valoremIn proportion to the value of the thing.Latin
26. adjournmentPostponement of a hearing to a later date.English
27. administrative discretionPower given to an authority to choose between courses of action, which must be exercised lawfully.English
28. administrative tribunalA body outside the regular courts that decides disputes under a particular area of law, such as service matters.English
29. admissionA statement by a party that suggests an inference against him about a fact in issue or relevant fact.English
30. adoptionThe legal process by which a child becomes the lawful child of adoptive parents for all purposes.English
31. adverse possessionAcquiring title to another's land by possessing it openly, continuously and hostilely for the statutory period.English
32. advisory opinionA court's opinion on a legal question referred to it, not a binding judgment between parties.English
33. advocateA person entered on a State Bar Council's roll and entitled to practise law in Indian courts.English
34. advocate-on-recordAn advocate qualified under the Supreme Court Rules to file and act for parties in the Supreme Court.English
35. aequitas agit in personamEquity acts on the person, not on the property.Latin
36. aequitas sequitur legemEquity follows the law.Latin
37. affidavitA written statement of facts sworn or affirmed before an authorised officer.English
38. affirmanti non neganti incumbit probatioThe burden of proof lies on the one who affirms, not on the one who denies.Latin
39. agencyThe relationship in which one person (the agent) is employed to act for another (the principal) in dealings with third persons.English
40. agreementEvery promise or set of promises forming consideration for each other.English
41. alibiA defence that the accused was somewhere else when the crime was committed.Latin
42. aliyasantanaThe matrilineal system of inheritance traditionally followed by some communities of coastal Karnataka.Sanskrit
43. All India Bar ExaminationThe exam conducted by the Bar Council of India that a newly enrolled advocate must pass to get a certificate of practice.English
44. allegans contraria non est audiendusA person who makes contradictory allegations is not to be heard.Latin
45. alternative dispute resolutionMethods of settling disputes outside regular court litigation, such as arbitration, mediation, conciliation and Lok Adalat.English
46. amendment of pleadingsChange made, with the court's leave, to a plaint or written statement after it has been filed.English
47. amicus curiaeA friend of the court: a lawyer or person who assists the court on a point without being a party.Latin
48. animusIntention or state of mind with which an act is done.Latin
49. animus dominiThe intention to hold a thing as its owner.Latin
50. animus possidendiThe intention to possess, that is, to exclude others from the thing.Latin
51. anomalous mortgageA mortgage that does not fit any of the five named types in s.58 of the Transfer of Property Act.English
52. anti-defection lawThe Tenth Schedule rules that disqualify legislators who leave their party or vote against its whip.English
53. anticipatory bailA direction that a person be released on bail if arrested, given before the arrest happens.English
54. anticipatory breachA party's refusal, before the time for performance, to perform the contract.English
55. appealTaking a decided case to a higher court to have the decision reviewed and corrected.English
56. appellantThe party who files an appeal against a decision.English
57. approverAn accomplice who is pardoned on condition of giving full and true evidence against the other accused.English
58. arbitral awardThe final decision of an arbitral tribunal on the dispute referred to it.English
59. arbitrationSettlement of a dispute by a private tribunal chosen by the parties, whose decision binds them.English
60. arrestTaking a person into custody by legal authority, so that he is no longer free to leave.English
61. articles of associationA company's internal rules on its management, shares, meetings and directors.English
62. assaultA gesture or preparation that makes another person apprehend that criminal force is about to be used on him.English
63. asylumProtection a State gives to a foreigner fleeing persecution, either in its territory or in its embassy.Latin
64. attachmentSeizure of a person's property by court order so that it cannot be transferred, usually to satisfy a decree.English
65. attemptAn act done towards committing an offence that falls short of completing it.English
66. attestationSigning a document as a witness who saw the executant sign it, or received his acknowledgement of signature.English
67. attorney-generalThe highest law officer of the Union Government, who advises it on legal matters.English
68. audi alteram partemHear the other side: no one should be condemned unheard.Latin
69. aut dedere aut judicareA State must either extradite an accused person or prosecute him itself.Latin
70. autrefois acquitThe plea that the accused has already been acquitted of the same offence and cannot be tried again.Law French
71. autrefois convictThe plea that the accused has already been convicted of the same offence and cannot be tried again.Law French
72. avyavaharika debtsDebts for illegal, immoral or unconscionable purposes, which sons were not bound to pay under the pious obligation.Sanskrit

B

1. bailRelease of an arrested or accused person from custody on security that he will appear when required.English
2. bailable offenceAn offence in which the accused has a right to be released on bail.English
3. bailmentDelivery of goods to another for a purpose, on a contract to return them or dispose of them as directed.English
4. barThe legal profession of advocates as a body; also a legal obstacle to a claim.English
5. Bar Council of IndiaThe statutory body that regulates the legal profession and legal education in India.English
6. basic structure doctrineThe rule that Parliament may amend the Constitution but cannot destroy its basic features.English
7. batil marriageA void marriage under Muslim law, which creates no rights or obligations at all.Arabic/Persian
8. batteryIntentionally applying force to another person's body without lawful justification.English
9. benami transactionA transaction in which property is held in one person's name while another person paid for it and is the real owner.Arabic/Persian
10. benchThe judge or judges hearing a case; also the judges collectively.English
11. beneficial constructionInterpreting a welfare or remedial law liberally, so as to advance its purpose and benefit those it protects.English
12. best evidence ruleThe rule that a fact must be proved by the best evidence available, such as the original document.English
13. beyond reasonable doubtThe standard of proof in criminal cases: guilt must be proved so that no reasonable doubt remains.English
14. bill of exchangeA signed written order directing a person to pay a certain sum to a named person or to bearer.English
15. bill of ladingA document issued by a carrier acknowledging receipt of goods for shipment and setting out the terms of carriage.English
16. bona fideIn good faith; honest and without intention to deceive.Latin
17. bona vacantiaOwnerless property, which passes to the State.Latin
18. bondA written instrument by which a person binds himself to pay money or do an act, often on a condition.English
19. bottomryA loan to a shipowner on the security of the ship, repayable only if the voyage ends safely.English
20. breach of contractFailure, without lawful excuse, to perform a contractual obligation when due.English
21. breach of dutyFalling below the standard of care the law requires, an essential element of negligence.English
22. burden of proofThe obligation on a party to prove a fact, and the consequence of failing to do so.English

C

1. calvo clauseA contract term by which a foreign investor agrees to seek remedies only in the host state's courts.English
2. casus belliAn act or event that a state puts forward as its justification for going to war.Latin
3. casus omissusA situation that a statute has failed to provide for.Latin
4. causa proxima non remota spectaturThe immediate (proximate) cause of a loss is looked at, not a remote one.Latin
5. cause of actionThe set of facts a plaintiff must prove to be entitled to a judgment in his favour.English
6. caveatA notice lodged in court asking that no order be passed in a matter without first hearing the person who lodged it.Latin
7. caveat emptorLet the buyer beware: the buyer must judge the goods himself, as the seller gives no general guarantee of quality.Latin
8. certified copyA copy of a public document certified by its official custodian to be a true copy.English
9. certiorariA writ quashing a decision of a lower court, tribunal or authority that acted without jurisdiction or in clear error.Latin
10. cessante ratione legis cessat ipsa lexWhen the reason for a law ceases, the law itself ceases.Latin
11. ceteris paribusOther things being equal.Latin
12. chain of custodyThe documented record of who held a piece of evidence, and how, from seizure until it is produced in court.English
13. character evidenceEvidence of a person's reputation or disposition, admissible only in limited situations.English
14. chargeThe formal written statement, framed by the court, of the offence for which the accused is to be tried.English
15. chargé d'affairesA diplomat who heads a mission in place of an ambassador, either as its regular head or while the ambassador is absent.French
16. charge sheetThe police report sent to the Magistrate after investigation, setting out the evidence that an offence was committed by the accused.English
17. cheatingDeceiving a person and so dishonestly or fraudulently inducing him to part with property or to act to his harm.English
18. chequeA bill of exchange drawn on a specified banker and payable on demand.English
19. child witnessA child who gives evidence; competent if able to understand the questions and give rational answers.English
20. circumstantial evidenceEvidence of surrounding facts from which the fact in issue is inferred, instead of being directly seen or heard.English
21. citationThe standard reference that identifies a judgment or statute so that a reader can find it.English
22. class I heirA relative in Class I of the Hindu Succession Act's Schedule, who inherits first when a Hindu male dies intestate.English
23. clean handsThe equitable rule that a person seeking relief from the court must not have acted unfairly in the same matter.English
24. client interviewingThe structured meeting in which a lawyer learns the client's problem, facts and goals before advising.English
25. clog on redemptionAny term in a mortgage that prevents or unfairly hampers the mortgagor's right to redeem the property.English
26. closure reportA police report stating that investigation found no sufficient evidence to send the accused for trial.English
27. codicilA written addition to a will that explains, alters or adds to it, executed with the same formalities as a will.English
28. coercionCommitting or threatening a criminal act, or unlawfully detaining property, to make a person enter an agreement.English
29. cognizable offenceAn offence for which a police officer may arrest without a warrant.English
30. cognizanceThe point at which a court first applies its mind to an alleged offence with a view to proceeding further.English
31. collegiumThe group of senior Supreme Court judges that selects candidates for appointment as judges of the Supreme Court and High Courts.Latin
32. colourable legislationA law on a subject outside the legislature's power, disguised to look as if it falls within it.English
33. common intentionA prior meeting of minds among several persons to do a criminal act, making each liable for it.English
34. common objectThe shared purpose of an unlawful assembly; every member is guilty of an offence committed in carrying it out.English
35. commutationReplacing a punishment with a lighter one of a different kind, such as life imprisonment for death.English
36. compellable witnessA witness whom the court can lawfully force to attend and give evidence.English
37. competent witnessA person whom the law allows to give evidence.English
38. complainantThe person who makes a complaint to a Magistrate or forum; loosely, anyone who sets the criminal law in motion.English
39. composite negligenceNegligence of two or more wrongdoers that combines to injure a third person who is not at fault.English
40. compounding of offencesA settlement of a criminal case between victim and accused that, in permitted offences, results in acquittal.English
41. compromisA special agreement by which states submit a particular dispute to an international court or arbitral tribunal.French
42. compromiseA lawful agreement by which parties settle a suit, recorded by the court and made the basis of a decree.English
43. conciliationA process in which a neutral conciliator helps parties reach a settlement, which binds them only if they sign it.English
44. conclusive proofA fact that the law treats as finally proved once another fact is proved, with no evidence allowed to disprove it.English
45. conditional legislationA law complete in itself whose coming into operation is left to an executive authority to trigger when stated conditions exist.English
46. condonation of delayThe court's power to admit an appeal or application filed after the limitation period if sufficient cause is shown.English
47. confessionA statement by an accused that admits the offence, or substantially all the facts that make it up.English
48. consensus ad idemAgreement of the parties on the same thing in the same sense; a meeting of minds.Latin
49. considerationSomething done, promised or given, at the promisor's desire, in return for his promise.English
50. constitutional tortThe State's liability to pay compensation for violating fundamental rights, awarded by a constitutional court in writ proceedings.English
51. constructive res judicataA matter that might and ought to have been raised in an earlier suit is treated as decided in it.Latin
52. consumerA person who buys goods or hires services for consideration, otherwise than for resale or a commercial purpose.English
53. contemporanea expositio est optima et fortissima in legeThe understanding of a statute at the time it was made is the best and strongest guide to its meaning.Latin
54. contempt of courtConduct that disobeys a court's orders or interferes with or lowers the authority of the administration of justice.English
55. contiguous zoneThe sea belt up to 24 nautical miles from the baselines where a coastal state may enforce certain laws.English
56. continental shelfThe seabed and subsoil beyond the territorial sea over which a coastal state has sovereign rights to explore and exploit resources.English
57. contingent contractA contract to do or not to do something if an event collateral to the contract does or does not happen.English
58. contingent interestAn interest in property that will take effect only if a specified uncertain event happens.English
59. continuing mandamusA practice of keeping a case open and issuing directions from time to time until authorities perform their duty.Latin
60. contra proferentemAn ambiguous term in a document is read against the party who drafted it or who relies on it.Latin
61. contractAn agreement enforceable by law.English
62. contributory negligenceThe claimant's own failure to take reasonable care for his safety, which contributed to his harm and reduces his damages.English
63. conversionA tort of dealing with another's goods in a way that denies his title, such as taking, selling, using or destroying them.English
64. conveyanceA deed by which ownership of property is transferred from one person to another, especially a sale deed of land.English
65. convictionA court's finding, after trial or on a plea of guilty, that the accused is guilty of an offence.English
66. coparcenaryThe narrower group within a Hindu joint family who acquire an interest in joint family property by birth.English
67. copyrightThe exclusive statutory right, for a limited time, to reproduce, publish, perform, adapt and otherwise exploit an original work.English
68. corporate personalityThe principle that a registered company is a legal person separate from its members.English
69. corpus delictiThe body of the offence: the facts showing that a crime has actually been committed.Latin
70. corroborationIndependent evidence that confirms other evidence in some material particular.English
71. counselA lawyer who advises a client or argues a case in court; also the advice itself.English
72. counterclaimA claim by the defendant against the plaintiff, raised in the same suit and treated as a cross-suit.English
73. creamy layerThe socially and economically advanced members of a backward class, who are excluded from reservation benefits.English
74. criminal breach of trustDishonestly misappropriating property entrusted to oneself, or dealing with it in violation of the terms of the trust.English
75. criminal conspiracyAn agreement between two or more persons to commit an illegal act, or a legal act by illegal means.English
76. criminal misappropriationDishonestly misappropriating, or converting to one's own use, movable property that came into one's possession innocently.English
77. criminal trespassEntering or remaining on another's property with intent to commit an offence or to intimidate, insult or annoy the person in possession.English
78. cross-examinationThe questioning of a witness by the party opposed to the one who called him.English
79. crueltyWilful conduct by a husband or his relatives that gravely endangers a wife or drives her to suicide, or dowry harassment.English
80. cuius est solum eius est usque ad coelumWhoever owns the soil owns everything above it up to the sky and below it to the depths.Latin
81. culpable homicideCausing death with the intention or knowledge described in s.100 BNS; murder is its aggravated form.English
82. curative petitionA final petition to the Supreme Court to correct a gross miscarriage of justice after a review petition has been dismissed.English
83. custodyIn family law, the right to care for a child in one's home; in criminal law, detention of an arrested person.English
84. customA rule of conduct followed for a long time by a community or in an area, which the law recognises as binding.English
85. customary international lawRules of international law that arise from general state practice accepted as law (opinio juris).English
86. cy pres“As near as possible”: where a charitable gift cannot be carried out as directed, it is applied to a similar charitable purpose.Law French

D

1. dacoityRobbery committed, or attempted, by five or more persons acting together.English
2. damagesMoney awarded by a court to compensate a person for loss caused by a breach of contract or a wrong.English
3. damnum sine injuriaDamage without legal injury: actual loss caused without violating any legal right, which gives no action.Latin
4. dandaIn ancient Hindu thought, punishment, and the coercive power of the king to enforce dharma.Sanskrit
5. dandanitiThe ancient Indian science of government and punishment, as set out in Kautilya's Arthashastra.Sanskrit
6. dattaka homamThe fire sacrifice once performed as part of a Hindu adoption ceremony; no longer essential under HAMA, 1956.Sanskrit
7. dayabhagaThe school of Hindu law, followed in Bengal and Assam, based on Jimutavahana's Dayabhaga, with no right by birth.Sanskrit
8. de factoIn fact; existing in reality, whether or not it is lawful or legally recognised.Latin
9. de jureBy right or by law; legally recognised, as opposed to existing in fact.Latin
10. de minimis non curat lexThe law does not concern itself with trifles.Latin
11. de novoAfresh; from the beginning, as if the earlier proceeding had not taken place.Latin
12. death penaltyThe punishment of death, awarded in India only in the “rarest of rare” cases.English
13. deceitThe tort of knowingly making a false statement intending another to act on it, causing that person loss.English
14. declaratory decreeA decree that only declares a person's legal status or right to property, without ordering further relief.English
15. decreeThe formal expression of a civil court's adjudication that conclusively decides the rights of the parties in a suit.English
16. decree-holderThe person in whose favour a decree, or an executable order, has been passed.English
17. deedA written instrument, signed and delivered, by which a person transfers property or binds himself to an obligation.English
18. defamationMaking or publishing an imputation about a person intending or knowing it will harm that person's reputation.English
19. default bailBail that an accused is entitled to as of right when the investigation is not completed within the statutory period.English
20. defendantThe person against whom a civil suit is filed.English
21. deferred dowerThe part of a Muslim wife's mahr (dower) payable on dissolution of marriage by death or divorce.Arabic/Persian
22. deficiency in serviceAny fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance of a service.English
23. degrees of prohibited relationshipClose relationships by blood or marriage within which a marriage is forbidden unless a valid custom allows it.English
24. delay defeats equitiesEquity will not help a person who sleeps over his rights; unreasonable delay can bar equitable relief.English
25. delegated legislationLaw made by the executive or another body under powers given to it by an Act of the legislature.English
26. delegatus non potest delegareA delegate cannot further delegate the power entrusted to it.Latin
27. desertionThe intentional, permanent abandonment of one spouse by the other without reasonable cause and without consent.English
28. detinueThe wrongful detention of another's goods after a demand for their return, and the action to recover them.Law French
29. détournement de pouvoirMisuse of power: using a lawful power for a purpose other than the one for which it was granted.French
30. dharmaIn Hindu thought, righteous duty, moral order and law; what sustains individual and social life.Sanskrit
31. dharmashastraThe body of Sanskrit texts on dharma, including the smritis of Manu, Yajnavalkya and Narada and their commentaries.Sanskrit
32. dies nonA day on which courts do not sit and no judicial business is done, such as a Sunday or holiday.Latin
33. diplomatic immunityThe exemption of diplomatic agents from the criminal, and largely the civil, jurisdiction of the state where they serve.English
34. direct evidenceEvidence of a fact given by a person who perceived it directly; also, evidence that proves a fact in issue without inference.English
35. directive principles of state policyThe principles in Part IV of the Constitution that the State must apply in making laws, though no court can enforce them.English
36. dischargeThe release of an accused, before charge is framed, because there is no sufficient ground to proceed against him.English
37. discovery statementThe part of an accused's statement to the police that leads to the discovery of a fact, which alone is admissible.English
38. dishonour of chequeThe return of a cheque unpaid by the bank, which can be an offence under s.138 of the Negotiable Instruments Act.English
39. distant kindredIn Hanafi law, relatives who are neither sharers nor residuaries, and inherit only when there are none of these.Arabic/Persian
40. divorceThe legal dissolution of a valid marriage by a court decree or by a mode recognised by personal law.English
41. diyatIn Islamic criminal law, blood money paid to the victim or the victim's heirs for homicide or bodily injury.Arabic/Persian
42. doctrine of eclipseA pre-Constitution law inconsistent with fundamental rights is not dead but overshadowed, and revives if the inconsistency is removed.English
43. doctrine of indoor managementOutsiders dealing with a company in good faith may assume its internal procedures have been properly followed.English
44. doctrine of pleasureThe rule that civil servants and certain constitutional office-holders hold office during the pleasure of the President or Governor.English
45. doctrine of severabilityOnly the part of a law that violates the Constitution is struck down, if it can be separated from the valid part.English
46. doctrine of waiverIn constitutional law, the rule that a person cannot give up a fundamental right, even voluntarily.English
47. documentary evidenceAll documents, including electronic records, produced for the inspection of the court.English
48. doli capaxCapable of committing a crime, that is, old enough and mature enough to be criminally responsible.Latin
49. doli incapaxIncapable of committing a crime because of tender age.Latin
50. domestic violencePhysical, sexual, verbal, emotional or economic abuse of a woman by a person with whom she is in a domestic relationship.English
51. domicileThe country a person treats as his permanent home, which decides the personal law that governs him in many matters.English
52. dominus litisThe master of the suit: the party who controls a case, usually the plaintiff in a civil suit.Latin
53. donatio mortis causaA gift of movable property made in contemplation of the donor's death, which takes effect only if he dies.Latin
54. double criminalityThe rule that extradition is allowed only for conduct that is an offence in both the requesting and the requested state.English
55. double jeopardyThe rule that no person shall be prosecuted and punished twice for the same offence.English
56. dowryProperty or valuable security given or agreed to be given in connection with a marriage, which the law prohibits.English
57. dowry deathThe death of a woman by burns, bodily injury or unnatural causes within seven years of marriage, after dowry-related cruelty.English
58. droit administratifThe French system of administrative law, with separate administrative courts to decide disputes involving the State.French
59. dualismThe theory that international law and municipal law are separate systems, so treaties need domestic legislation to bind courts.English
60. due process of lawThe guarantee that the State may deprive a person of life, liberty or property only by a fair and reasonable legal process.English
61. duty of careA legal obligation to take reasonable care to avoid causing foreseeable harm to others; the first element of negligence.English
62. dying declarationA statement by a person about the cause of his death or the circumstances of the transaction that resulted in it.English

E

1. easementA landowner's right to use, or restrict the use of, another's land for the better enjoyment of his own.English
2. ejusdem generisOf the same kind: general words that follow specific ones are read as limited to things of the same class.Latin
3. electronic recordData, a record or data generated, an image or sound stored, received or sent in electronic form.English
4. emergencyA constitutional state of exception under Part XVIII that lets the Union take wider powers in a crisis.English
5. eminent domainThe sovereign power of the State to take private property for a public purpose, on payment of compensation.English
6. encumbranceA charge, claim or liability attached to property, such as a mortgage, lien, lease or easement.English
7. English mortgageA mortgage where the mortgagor promises to repay on a date and transfers the property absolutely, subject to reconveyance on repayment.English
8. equality before lawArticle 14's guarantee that the State shall not deny any person equality before law or equal protection of laws.English
9. equityRules of fairness developed by the English Court of Chancery to supplement the rigid common law.English
10. equity of redemptionThe mortgagor's right to recover the mortgaged property on paying the mortgage money, even after the due date.English
11. erga omnesTowards all: obligations a state owes to the international community as a whole, which every state has an interest in enforcing.Latin
12. escheatThe passing of property to the State when a person dies without any heir or will.Law French
13. estoppelA rule barring a person from denying what he, by word or conduct, led another to believe and act on.Law French
14. estoppel in paisEstoppel by conduct: estoppel arising from a person's words, acts or silence, rather than from a record or deed.Law French
15. evictionThe removal of a tenant or occupier from property by the landlord or owner through lawful process.English
16. evidenceAll statements of witnesses and all documents, including electronic records, that the court permits or requires to prove facts.English
17. ex aequo et bonoAccording to what is fair and good; deciding a dispute on equity rather than strict rules of law.Latin
18. ex contractuArising out of a contract.Latin
19. ex delictoArising out of a wrong or tort.Latin
20. ex gratiaAs a favour; a payment made voluntarily, without admitting any legal liability.Latin
21. ex officioBy virtue of office; held or done because of the position a person holds.Latin
22. ex parteOn behalf of, or in the presence of, one party only, without the other side being heard.Latin
23. ex post factoAfter the fact; with retrospective effect.Latin
24. ex turpi causa non oritur actioNo action arises from a base cause; courts will not help a party whose claim rests on an illegal act.Latin
25. examination-in-chiefThe questioning of a witness by the party who calls him.English
26. excessive delegationDelegation by the legislature of its essential legislative function, without laying down policy or guidance, which is invalid.English
27. exclusive economic zoneThe sea area beyond and next to the territorial sea, up to 200 nautical miles, where the coastal state has resource rights.English
28. executionThe process by which a court enforces its decree or order, so that the decree-holder gets what was decreed.English
29. execution of deedThe signing of a document by the person who is to be bound by it (the executant), with any required attestation.English
30. executorThe person appointed by a will to carry out its provisions and administer the testator's estate.English
31. exemplary damagesDamages above compensation, awarded to punish the defendant and deter outrageous conduct.English
32. exhaustion of local remediesA state may press its national's claim internationally only after remedies in the wrongdoing state are used up.English
33. expert opinionThe opinion of a person specially skilled in a science, art or technical field, relevant to help the court form its view.English
34. expressio unius est exclusio alteriusThe express mention of one thing implies the exclusion of others.Latin
35. external aids to interpretationMaterial outside the statute that a court may consult to understand its meaning, such as debates, reports and history.English
36. extortionIntentionally putting a person in fear of injury and so dishonestly inducing him to deliver property or a valuable security.English
37. extra-judicial confessionA confession made outside court, not before a Magistrate, such as to a friend, relative or private person.English
38. extraditionThe surrender by one state to another of a person accused or convicted of a crime in the requesting state.English

F

1. fact in issueA fact that must be proved or disproved because a right or liability in the case depends on it.English
2. facta probandaThe material facts a party must prove to succeed; they are stated in the pleadings.Latin
3. facta probantiaThe evidentiary facts by which material facts are proved; they are not to be pleaded.Latin
4. fair commentA defence to defamation for honest opinion on a matter of public interest based on true facts.English
5. false imprisonmentThe tort of totally restraining a person's liberty without lawful justification.English
6. falsus in uno falsus in omnibusFalse in one thing, false in everything: a maxim Indian courts do not follow.Latin
7. fasid marriageAn irregular Muslim marriage: defective for a curable reason, neither fully valid nor void.Arabic/Persian
8. federalismA system in which power is divided by a constitution between a central government and regional governments.English
9. fiat justitia ruat caelumLet justice be done though the heavens fall.Latin
10. fiqhIslamic jurisprudence: the human understanding and working out of the Sharia by jurists.Arabic/Persian
11. first information reportThe information about a cognizable offence first recorded by the police, which sets the criminal law in motion.English
12. force majeureAn event beyond the parties' control that excuses or suspends performance under a contract clause.French
13. foreclosureA mortgagee's remedy that ends the mortgagor's right to redeem the mortgaged property.English
14. forgeryMaking a false document or electronic record with intent to cause damage, support a claim or commit fraud.English
15. forum non conveniensA court's discretion to decline jurisdiction because another forum is clearly more appropriate.Latin
16. fraudDeliberate deception by a party to a contract to induce the other to enter into it.English
17. free consentConsent to a contract that is not caused by coercion, undue influence, fraud, misrepresentation or mistake.English
18. freedom of speech and expressionThe citizen's fundamental right under Article 19(1)(a) to express opinions by any medium, subject to Article 19(2).English
19. frustrationThe discharge of a contract when a later event makes performance impossible or unlawful.English
20. fundamental dutiesThe eleven duties of every citizen listed in Article 51A, Part IVA of the Constitution.English
21. fundamental rightsThe justiciable rights guaranteed by Part III (Articles 12 to 35) of the Constitution.English
22. furloughPeriodic short leave from prison given to a long-term convict as a matter of good conduct, without needing a reason.English

G

1. garnisheeA third person who owes money to a judgment-debtor and is ordered to pay it to the decree-holder instead.English
2. general exceptionsThe defences in Chapter III BNS (ss.14 to 44) that make an act no offence despite its definition.English
3. generalia specialibus non derogantGeneral provisions do not override special provisions on the same subject.Latin
4. genocideSpecified acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.English
5. geographical indicationA sign showing that goods come from a particular place whose qualities or reputation are due to that origin.English
6. giftA voluntary transfer of existing property without consideration, accepted by the donee during the donor's lifetime.English
7. golden ruleA rule of interpretation that departs from the literal meaning only to avoid absurdity or inconsistency.English
8. grave and sudden provocationProvocation that deprives a person of self-control and reduces murder to culpable homicide not amounting to murder.English
9. grievous hurtHurt of one of the eight serious kinds listed in s.116 BNS, such as fracture or permanent loss of sight.English
10. grundnormIn Kelsen's theory, the basic norm from which every other norm of a legal system draws its validity.German
11. guaranteeA contract to perform the promise, or discharge the liability, of a third person if he defaults.English
12. guardianshipThe legal authority and duty to care for the person or property of a minor or other person who cannot manage them.English

H

1. habeas corpusA writ ordering a person who detains another to produce him before the court and justify the detention.Latin
2. habendumThe clause of a deed that defines the estate or interest the transferee is to take.Latin
3. haddIn classical Islamic law, a fixed punishment prescribed by the Quran or Sunna for certain offences.Arabic/Persian
4. harmonious constructionInterpreting two apparently conflicting provisions so that both can operate.English
5. he who seeks equity must do equityA party asking for equitable relief must be ready to act fairly towards the other party.English
6. hearsayEvidence of what someone other than the witness said, offered to prove the truth of that statement.English
7. hibaA gift under Muslim law: an immediate, unconditional transfer of property without consideration.Arabic/Persian
8. hiba-bil-iwazA Muslim “gift for a return”: a gift followed by a return gift, which together operate as a sale.Arabic/Persian
9. high seasAll parts of the sea beyond any State's exclusive economic zone, territorial sea and internal waters.English
10. Hindu undivided familyA family of persons lineally descended from a common ancestor, with their wives and unmarried daughters.English
11. historical schoolThe school of jurisprudence holding that law grows from a people's customs and spirit, not from a legislator's will.English
12. hizanatUnder Muslim law, the right to custody of a young child, which belongs first to the mother.Arabic/Persian
13. Hohfeld's analysisHohfeld's scheme of eight fundamental legal conceptions arranged as jural correlatives and opposites.English
14. holder in due courseA person who takes a negotiable instrument for value, before maturity, in good faith and without notice of defects.English
15. homicideThe killing of a human being by another human being, whether lawful or unlawful.English
16. hostile witnessA witness who departs from his earlier statement or turns against the party that called him.English
17. hostis humani generisEnemy of all mankind: the description of pirates, whom any State may capture and try.Latin
18. hot pursuitA coastal State's right to chase and arrest a foreign ship that broke its laws, even onto the high seas.English
19. hurtCausing bodily pain, disease or infirmity to any person.English

I

1. ibid“In the same place”: used in a footnote to refer to the source cited immediately before.Latin
2. iddatThe waiting period a Muslim woman must observe after divorce or her husband's death before she may remarry.Arabic/Persian
3. ignorantia facti excusatIgnorance of fact excuses: a genuine mistake of fact can be a defence.Latin
4. ignorantia juris non excusatIgnorance of the law is no excuse.Latin
5. ijab and qubulThe offer (<em>ijab</em>) and acceptance (<em>qubul</em>) that together form a Muslim marriage contract.Arabic/Persian
6. ijmaConsensus of qualified Muslim jurists on a point of law, the third source of Islamic law.Arabic/Persian
7. ijtihadIndependent legal reasoning by a qualified jurist to find the rule of Islamic law on a new question.Arabic/Persian
8. immovable propertyLand, things attached to the earth, and benefits arising out of land.English
9. in cameraIn private: a hearing from which the public and press are excluded.Latin
10. in limineAt the threshold: at the very outset, before the case is heard on its merits.Latin
11. in pari delicto potior est conditio defendentisWhere both parties are equally at fault, the defendant's position is the stronger.Latin
12. in pari materiaOn the same subject: statutes dealing with the same matter are read together.Latin
13. in personamAgainst a particular person: a right or proceeding that binds only specific individuals.Latin
14. in remAgainst the thing: a right or judgment that binds everyone, including persons not party to the case.Latin
15. in totoEntirely; as a whole.Latin
16. inamA grant of land free of revenue, or at a concessional rate, made by a ruler for service or charity.Arabic/Persian
17. indemnityA contract by which one party promises to save the other from loss caused by the promisor or a third person.English
18. inevitable accidentAn accident that could not have been avoided by reasonable care, which is a defence in tort.English
19. inherent powersA court's residual power to make orders needed for the ends of justice or to prevent abuse of its process.English
20. injunctionA court order restraining a party from doing an act, or directing him to do one.English
21. injuriaA legal wrong: the violation of a legal right, whether or not it causes actual loss.Latin
22. injuria sine damnoLegal injury without actual damage, which is actionable.Latin
23. innocent passageThe right of foreign ships to pass through a State's territorial sea without harming its peace, order or security.English
24. innuendoA hidden defamatory meaning that apparently innocent words carry because of facts known to the readers.Latin
25. insanityUnsoundness of mind that makes a person incapable of knowing the nature of his act or that it is wrong or illegal.English
26. insolvencyThe inability of a person or company to pay debts as they fall due.English
27. instrumentA formal written document that creates, transfers, limits, extends, extinguishes or records a right or liability.English
28. insurable interestA financial interest in the subject insured, such that the insured gains by its safety and loses by its loss.English
29. inter aliaAmong other things.Latin
30. inter seAmong or between themselves.Latin
31. inter vivosBetween living persons: a transfer that takes effect during the transferor's lifetime.Latin
32. interest reipublicae ut sit finis litiumIt is in the public interest that there should be an end to litigation.Latin
33. interested witnessA witness who has a motive, such as enmity or gain, to see a particular result in the case.English
34. interlocutory applicationAn application made during a pending case for an interim order that does not finally decide the rights in dispute.English
35. internal aids to interpretationParts of the statute itself used to find the meaning of its provisions.English
36. International Court of JusticeThe principal judicial organ of the United Nations, at The Hague, which decides disputes between States.English
37. International Criminal CourtA permanent international court at The Hague that tries individuals for genocide, crimes against humanity, war crimes and aggression.English
38. interpleader suitA suit by a person holding property claimed by others, asking the court to make the claimants fight it out among themselves.English
39. intestateDying without a valid will, or a person who has so died.English
40. intoxicationA defence where drink or drugs taken without consent made the accused incapable of knowing what he did.English
41. intra viresWithin the powers: an act done within the legal authority of the person or body doing it.Latin
42. investigationThe proceedings by the police to collect evidence about an offence, from the FIR to the final report.English
43. invitation to offerA statement inviting others to make offers, which cannot itself be accepted to form a contract.English
44. ipso factoBy that very fact; automatically, as a direct result.Latin
45. irretrievable breakdown of marriageA marriage that has broken down so completely that there is no chance of the spouses living together again.English
46. issuesThe points of fact or law in dispute between the parties, framed by the court for trial.English
47. istihsanJuristic preference: departing from strict analogy in favour of a rule that better serves justice or convenience.Arabic/Persian

J

1. joint tortfeasorsTwo or more persons who together commit the same tort and are liable for the same damage.English
2. judgmentThe statement given by a judge of the grounds on which a decree or order is based.English
3. judgment-debtorA person against whom a decree has been passed or an order capable of execution has been made.English
4. judicial activismCourts going beyond narrow adjudication to enforce rights, fill gaps and direct the executive in the public interest.English
5. judicial custodyDetention of an arrested person in jail under a magistrate's order, as distinct from custody with the police.English
6. judicial noticeRecognition by a court of certain facts as true without requiring them to be proved by evidence.English
7. judicial reviewThe power of courts to examine laws and executive action and strike down whatever violates the Constitution or the law.English
8. judicial separationA court decree allowing spouses to live apart without dissolving the marriage.English
9. jurisdictionThe legal authority of a court or tribunal to hear and decide a matter.English
10. jurisprudenceThe study of the nature, sources and concepts of law; legal theory.English
11. jus ad bellumThe law governing when a State may lawfully resort to force against another State.Latin
12. jus ad remA right to obtain a thing, as opposed to a right in the thing itself.Latin
13. jus civileThe civil law of ancient Rome, applicable only to Roman citizens.Latin
14. jus cogensA peremptory norm of international law from which no derogation is permitted, even by treaty.Latin
15. jus gentiumThe law of nations: in Rome, law common to all peoples; today, international law.Latin
16. jus in belloThe law regulating the conduct of hostilities once an armed conflict has begun.Latin
17. jus in re alienaA right held over property owned by someone else, such as an easement or mortgage.Latin
18. jus sanguinisThe principle that nationality is acquired through one's parents, not the place of birth.Latin
19. jus soliThe principle that a person acquires the nationality of the country where he is born.Latin
20. just compensationFair payment that the State must make to an owner whose property it acquires.English
21. justiceThe ideal of giving each person what is due; the end that law aims to achieve.English
22. justificationIn defamation, the defence that the statement complained of is substantially true.English
23. juvenileA person below eighteen years of age.English
24. juvenile in conflict with lawA child alleged or found to have committed an offence while below eighteen years of age.English

K

1. kartaThe manager of a Hindu joint family, traditionally its senior-most male coparcener.Sanskrit
2. khataA municipal or panchayat record of a property and the person liable to pay its property tax.Arabic/Persian
3. khilwat-us-sahihaIn Muslim law, valid retirement: husband and wife alone together with no obstacle to intercourse.Arabic/Persian
4. khiyar-ul-bulughThe option of puberty: a Muslim minor's right to repudiate a marriage contracted by a guardian.Arabic/Persian
5. khulaDivorce in Muslim law at the wife's instance, usually in return for giving up her dower.Arabic/Persian
6. kidnappingTaking a child or person of unsound mind out of lawful guardianship, or a person out of India, without consent.English

L

1. land acquisitionCompulsory acquisition of private land by the State for a public purpose, on payment of compensation.English
2. last seen theoryThe inference that a person last seen with the deceased is the probable killer, absent a satisfactory explanation.English
3. law reportsPublished collections of court judgments, used to cite precedents.English
4. leading questionA question that suggests the answer the questioner wishes or expects to receive.English
5. leaseA transfer of a right to enjoy immovable property for a period, in return for rent or premium.English
6. legal aidFree legal services provided to persons who cannot afford a lawyer.English
7. legal draftingThe skill of writing legal documents such as deeds, pleadings, contracts and statutes precisely.English
8. legal ethicsThe standards of professional conduct an advocate owes to the court, the client, the opponent and the profession.English
9. legal fictionAn assumption the law treats as true, though it may not be, in order to achieve a legal result.English
10. legal necessityA pressing need of a Hindu joint family that justifies the karta in selling or mortgaging its property.English
11. legal noticeA formal written communication sent through an advocate to inform a party of a claim and demand action.English
12. legal personalityThe capacity recognised by law to hold rights and owe duties.English
13. legal positivismThe theory that law is what is laid down by a recognised authority, separate from what it ought to be morally.English
14. legal realismThe school that studies law as what courts actually do rather than rules on paper.English
15. legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with it.English
16. legateeA person who receives property under a will.English
17. leges posteriores priores contrarias abrogantLater laws repeal earlier laws that are contrary to them.Latin
18. legislationLaw made by a competent legislative body; also, the process of making it.English
19. legitimacyThe status of a child born of a valid marriage, or treated by law as so born.English
20. legitimate expectationA reasonable expectation, based on a public authority's promise or past practice, that the law protects.English
21. lex foriThe law of the country in which the court hearing the case sits.Latin
22. lex loci contractusThe law of the place where a contract was made.Latin
23. lex loci delictiThe law of the place where a tort was committed.Latin
24. lex non cogit ad impossibiliaThe law does not compel a person to do what is impossible.Latin
25. lex situsThe law of the place where property is situated.Latin
26. lex specialis derogat legi generaliA special law prevails over a general law on the same subject.Latin
27. lex talionisThe law of retaliation: punishment equal in kind to the injury caused, an eye for an eye.Latin
28. libelDefamation in a permanent form, such as writing, print, pictures or broadcasts.Latin
29. licencePermission to do something on another's property that would otherwise be a trespass, without creating any interest.English
30. lienA right to retain another's goods in one's possession until a debt due is paid.French
31. lifting the corporate veilDisregarding a company's separate personality to hold the persons behind it liable.English
32. limitationThe fixed time within which a suit, appeal or application must be filed.English
33. liquidated damagesA sum fixed in a contract in advance as the compensation payable on breach.English
34. lis pendensA pending suit; the rule that property in dispute transferred during a suit binds the transferee to the result.Latin
35. literal ruleThe rule that words of a statute are given their plain, ordinary meaning.English
36. locus poenitentiaeA place or opportunity for repentance: the chance to withdraw before a transaction becomes binding or complete.Latin
37. locus standiThe right of a person to bring an action or be heard before a court.Latin
38. lok adalatA people's court that settles disputes by compromise, whose award is final and executable as a decree.English
39. lokayuktaA State-level ombudsman that investigates complaints of corruption and maladministration against public servants.Sanskrit

M

1. magistrateA judicial officer who presides over a criminal court below the Court of Session.English
2. mahrThe money or property a Muslim husband must give his wife as a mark of respect on marriage.Arabic/Persian
3. mahr-ul-mislProper or customary dower, fixed by the court when the marriage contract names no amount.Arabic/Persian
4. mahr-ul-musammaSpecified dower: the mahr fixed by agreement at or after the marriage.Arabic/Persian
5. maintenanceMoney a person is legally bound to pay for the food, clothing, shelter and needs of a dependant.English
6. maintenance pendente liteInterim maintenance and litigation expenses paid to a spouse while a matrimonial case is pending.Latin
7. mala fideIn bad faith; done with a dishonest or improper motive.Latin
8. male captus bene detentusWrongly captured, rightly detained: an unlawful arrest does not stop a court from trying the accused.Latin
9. malfeasanceThe doing of an act that is wholly unlawful, especially by a public official.English
10. malicious prosecutionA tort committed by maliciously setting the criminal law in motion against someone without reasonable cause.English
11. mandamusA writ ordering a public authority to perform a legal duty it has failed to perform.Latin
12. mandatory and directory provisionsMandatory provisions must be strictly obeyed; directory ones need only substantial compliance.English
13. mare liberumThe free sea: the principle that the high seas are open to all nations.Latin
14. marriageThe legally recognised union of two persons as spouses, creating rights and duties between them.English
15. marz-ul-mautDeath-illness: a gift made during a fatal illness is treated as a will under Muslim law.Arabic/Persian
16. matsya nyayaThe law of the fish: the state of things where the strong devour the weak, as big fish eat small ones.Sanskrit
17. mediationA voluntary process in which a neutral mediator helps the parties reach their own settlement.English
18. medical negligenceA doctor's failure to use the reasonable skill and care expected of an ordinary competent practitioner.English
19. memorandumA written note or document setting out the terms, grounds or particulars of something.Latin
20. memorandum of associationA company's founding charter, stating its name, office, objects, liability and capital.English
21. memorandum of understandingA written record of the terms the parties have agreed on in principle, which may or may not bind them.English
22. mens reaThe guilty mind: the mental element, such as intention or knowledge, required for a crime.Latin
23. mesne profitsProfits a person in wrongful possession of property received or could have received, payable to the true owner.English
24. minorA person who has not yet attained the age of majority, which in India is ordinarily eighteen.English
25. mischiefThe offence of destroying or damaging property intending or knowing it will cause wrongful loss.English
26. mischief ruleA rule of interpretation that reads a statute so as to suppress the mischief it was passed to cure.English
27. misrepresentationAn innocent false statement of fact that induces a party to enter a contract, making it voidable.English
28. mistakeAn erroneous belief about a fact or law at the time of making a contract.English
29. mistake of factA general exception: an act done under an honest, good faith mistake about facts is not an offence.English
30. mitaksharaThe Hindu law school based on Vijnaneshwara's commentary, under which sons and daughters take coparcenary rights by birth.Sanskrit
31. modus operandiThe method of operating; the characteristic way in which a person commits a crime or does something.Latin
32. mofussilThe provinces or rural areas, as distinct from the presidency towns and their courts.Arabic/Persian
33. money billA Bill dealing only with taxes, government borrowing or the Consolidated Fund, on which the Rajya Sabha has limited power.English
34. monismThe theory that international law and national law form a single legal system.English
35. moot courtA simulated court in which law students argue a hypothetical case before judges.English
36. mortgageThe transfer of an interest in specific immovable property to secure the repayment of a loan.French
37. mortgage by conditional saleA mortgage in the form of an ostensible sale that becomes absolute if the loan is not repaid by a set date.English
38. mortgage by deposit of title deedsA mortgage created by handing over title documents to the lender with intent to create security.English
39. mortgagorThe borrower who mortgages his property to secure a loan.English
40. most favoured nationA trade principle requiring a country to give every WTO member the best treatment it gives any one of them.English
41. motor accident claimA claim for compensation for death, injury or property damage caused by a motor vehicle, decided by a claims tribunal.English
42. movable propertyProperty of every description other than immovable property, such as goods, money and shares.English
43. mubaratA form of Muslim divorce by mutual consent, where both spouses want the separation.Arabic/Persian
44. munsiffThe lowest grade of civil judge; now called Civil Judge (Junior Division) in Karnataka.Arabic/Persian
45. murderCulpable homicide committed with the intention or knowledge described in the BNS, punishable with death or life imprisonment.English
46. mushaAn undivided share in property held jointly; under Hanafi law its gift is irregular until partition.Arabic/Persian
47. muta marriageA temporary marriage for a fixed period and fixed dower, recognised only by Ithna Ashari Shia law.Arabic/Persian
48. mutationAn entry in revenue records changing the name of the person liable to pay land revenue.English
49. mutatis mutandisWith the necessary changes having been made.Latin
50. mutawalliThe manager or superintendent of a wakf property.Arabic/Persian
51. mutual consent divorceDivorce granted on a joint petition by both spouses who agree that the marriage should end.English

N

1. national treatmentA trade rule that imported goods must be treated no less favourably than like domestic goods once inside the market.English
2. nationalityThe legal bond between a person and a state, giving the state a right to protect that person abroad.English
3. natural justiceMinimum standards of fair procedure: the right to be heard and the rule against bias.English
4. natural lawThe theory that there are principles of justice, found by reason, above and binding on man-made law.English
5. nec vi nec clam nec precarioNot by force, not secretly, not by permission: the kind of possession or use needed to acquire rights by prescription.Latin
6. negligenceFailure to take the care a reasonable person would take, causing damage to someone to whom care was owed.English
7. negotiable instrumentA document such as a promissory note, bill of exchange or cheque, transferable by delivery or endorsement.English
8. nemo dat quod non habetNo one can give what he does not have: a buyer gets no better title than the seller had.Latin
9. nemo debet bis vexari pro una et eadem causaNo one should be vexed twice for the same cause.Latin
10. nemo est supra legesNo one is above the law.Latin
11. nemo judex in causa suaNo one should be a judge in his own cause: the rule against bias.Latin
12. nemo moriturus praesumitur mentireA man about to die is presumed not to lie: the basis of admitting dying declarations.Latin
13. nemo tenetur se ipsum accusareNo one is bound to accuse himself: the privilege against self-incrimination.Latin
14. nervous shockA recognised psychiatric illness caused by shock, for which damages may be recovered in negligence.English
15. next friendThe adult who files and conducts a suit on behalf of a minor or a person of unsound mind.English
16. nikahA Muslim marriage: a civil contract made by offer and acceptance between competent parties.Arabic/Persian
17. nikah halalaThe practice requiring an irrevocably divorced wife to marry and be divorced by another man before remarrying her first husband.Arabic/Persian
18. no-fault liabilityLiability to pay compensation without proof of negligence or fault.English
19. nominal damagesA small sum awarded to recognise that a legal right was violated, though no actual loss was proved.English
20. non est factumNot my deed: a plea that a signed document is void because the signer did not understand its nature.Latin
21. non liquetIt is not clear: a tribunal declining to decide because no applicable law exists.Latin
22. non-bailable offenceAn offence in which bail is not a right but is at the discretion of the court.English
23. non-bailable warrantA warrant of arrest that the police must execute by producing the person in court, without releasing him on bail.English
24. non-cognizable offenceAn offence for which the police cannot arrest without a warrant or investigate without a magistrate's order.English
25. non-disclosure agreementA contract by which a party agrees to keep shared information confidential.English
26. non-refoulementThe rule that a state must not return a refugee to a country where he faces a threat to life or freedom.French
27. noscitur a sociisA word is known by the company it keeps: its meaning is taken from the words around it.Latin
28. notaryA legal practitioner appointed by government to attest, authenticate and certify documents.English
29. notificationA formal government announcement, published in the Official Gazette, that gives legal effect to a decision.English
30. novationReplacing an existing contract with a new one, which discharges the original.English
31. novus actus interveniensA new intervening act that breaks the chain of causation between the wrong and the harm.Latin
32. nudum pactumA naked promise: a promise without consideration, which is unenforceable.Latin
33. nuisanceUnlawful interference with a person's use or enjoyment of land, or an act that harms the public at large.French
34. nulla poena sine legeNo punishment without a law: a penalty must be authorised by a law in force when the act was done.Latin
35. nullity of marriageA court's declaration that a marriage was void from the start, or its annulment because it was voidable.English
36. nullum crimen sine legeNo crime without a law: an act is not an offence unless a law in force made it one.Latin
37. nunc pro tuncNow for then: an order that takes effect from an earlier date.Latin
38. nyayaJustice, in the sense of a fair outcome; also the Indian school of logic.Sanskrit

O

1. oathA solemn declaration, often invoking God, that one will speak the truth or perform a duty faithfully.English
2. obiter dictaRemarks by a judge made in passing that are not necessary for the decision and so are not binding.Latin
3. occupier's liabilityThe duty of a person in control of premises towards visitors and others who enter them.English
4. offerA proposal: one person signifying willingness to do or abstain from something, to obtain the other's assent.English
5. office of profitA government post carrying financial gain, holding which disqualifies a person from being a legislator.English
6. ombudsmanAn independent official who investigates complaints of maladministration and corruption against public authorities.English
7. omnia praesumuntur rite esse actaAll acts are presumed to have been done rightly and regularly.Latin
8. op. cit.In the work already cited: used in footnotes to refer back to a source cited earlier.Latin
9. opinio jurisThe belief of states that a practice is legally required, which turns usage into customary international law.Latin
10. oral evidenceStatements made by witnesses before the court about facts under inquiry.English
11. orderIn civil procedure, the formal expression of any decision of a civil court that is not a decree.English
12. ordinanceA temporary law made by the President or a Governor when the legislature is not in session.English
13. ostensible ownerA person who appears to be the owner of immovable property with the real owner's consent.English
14. overrulingA higher court, or a larger bench of the same court, declaring an earlier decision to be wrong law.English
15. ownershipThe most complete right a person can have over a thing, including possession, use, enjoyment and disposal.English

P

1. pacta sunt servandaAgreements must be kept; a treaty in force binds its parties, who must perform it in good faith.Latin
2. panchayati rajThe constitutional system of elected rural local self-government at village, intermediate and district levels.Sanskrit
3. panchnamaA written record of a search, seizure or inspection prepared by the police in the presence of independent witnesses.Arabic/Persian
4. par in parem non habet imperiumAn equal has no authority over an equal; one sovereign State cannot be sued in another State's courts.Latin
5. para-legal volunteerA trained volunteer who links people to free legal aid services under the Legal Services Authorities.English
6. pardonExecutive forgiveness of an offence that wipes out the sentence and its consequences; also the court's tender of pardon to an accomplice.English
7. pardoning powerThe President's and Governors' constitutional power to pardon, reprieve, respite, remit or commute sentences.English
8. parens patriaeParent of the nation: the State's power and duty to protect those who cannot protect themselves.Latin
9. pari passuOn an equal footing; ranking equally, without preference.Latin
10. paroleTemporary conditional release of a convict from prison for a specific reason, after which he must return.English
11. part performanceA transferee who takes possession under a written contract of sale may defend that possession even without a sale deed.English
12. partitionDivision of jointly held property among co-owners so that each gets a separate share.English
13. partnershipThe relation between persons who agree to share profits of a business run by all or any of them for all.English
14. partnership deedThe written agreement between partners setting out the terms of their partnership.English
15. passing offA common-law action against a trader who misrepresents his goods or services as those of another.English
16. patentA statutory exclusive right, for a limited term, to make, use and sell a new, inventive and industrially applicable invention.English
17. pattaA revenue document issued to a landholder recording his name and holding, used as evidence of possession and liability for land revenue.Arabic/Persian
18. pendente liteWhile the litigation is pending.Latin
19. per capitaBy heads: dividing property equally among all heirs individually.Latin
20. per curiamBy the court: a decision given in the name of the whole bench rather than authored by one named judge.Latin
21. per incuriamThrough lack of care: a decision given in ignorance of a binding statute or precedent, and so not binding.Latin
22. per seBy itself; intrinsically, without needing anything more.Latin
23. per stirpesBy branches or stocks: descendants of a deceased heir together take the share that heir would have taken.Latin
24. perjuryIntentionally giving false evidence while legally bound to tell the truth.English
25. perpetual injunctionA final injunction granted by decree after trial, permanently restraining a party from doing an act.English
26. persona non grataAn unwelcome person: a diplomat whom the receiving State declares unacceptable, without giving reasons.Latin
27. petitionerThe person who files a petition asking a court or authority for relief.English
28. pious obligationThe Hindu law duty of a son, grandson and great-grandson to pay the father's debts that are not illegal or immoral.English
29. piracyIllegal violence, detention or robbery committed for private ends by those on a private ship against another ship on the high seas.English
30. pith and substanceThe rule that a law is judged by its true nature and character to decide which legislative list it falls under.English
31. plaintThe written statement of claim by which a plaintiff starts a civil suit.English
32. plaintiffThe person who brings a civil suit by filing a plaint.English
33. plea bargainingA procedure where the accused pleads guilty in return for a lesser sentence through a mutually satisfactory disposition.English
34. pleadingsThe plaint and written statement, in which the parties state the material facts of their case.English
35. pledgeBailment of goods as security for payment of a debt or performance of a promise.English
36. police custodyDetention of an arrested person by the police, authorised by a magistrate, for the purpose of investigation.English
37. polluter pays principleThe person who causes pollution must bear the cost of preventing it and of restoring the environment and compensating victims.English
38. possessionPhysical control over a thing combined with the intention to exclude others from it.English
39. power of attorneyA written authority by which one person (the principal) appoints another (the agent) to act on his behalf.English
40. prayaschittaIn Dharmashastra, penance or expiation performed to remove the sin of a wrongful act.Sanskrit
41. pre-emptionThe right of a person to buy property that is being sold in preference to the purchaser, by substituting himself for him.English
42. preambleThe introductory statement of the Constitution declaring its source, the nature of the State and its objectives.English
43. precautionary principleWhere there is a threat of serious environmental harm, lack of scientific certainty is no reason to postpone preventive measures.English
44. precedentAn earlier judicial decision that a court follows in later cases raising the same question of law.English
45. preliminary decreeA decree that settles the parties' rights but leaves further proceedings before the suit is finally disposed of.English
46. prescriptionAcquisition of a right, especially an easement, by long, open and uninterrupted enjoyment; or loss of a right by lapse of time.English
47. President's ruleDirect Union rule over a State under Article 356 when its government cannot run according to the Constitution.English
48. presumptionAn inference the court draws, or must draw, about a fact from the proof of another fact.English
49. presumption of innocenceThe rule that an accused is treated as innocent until the prosecution proves guilt beyond reasonable doubt.English
50. preventive detentionDetention of a person without trial to prevent him from acting in a way prejudicial to security or public order.English
51. prima facieAt first sight; on the face of it, before full examination.Latin
52. primary evidenceThe original document itself, produced for the court's inspection.English
53. primus inter paresFirst among equals: a person of the same rank as others but given precedence.Latin
54. private defenceThe right to use reasonable force to protect one's own or another's body or property against an unlawful attack.English
55. private nuisanceUnlawful interference with a person's use or enjoyment of land, or of some right over or in connection with it.English
56. privileged communicationA communication that the law protects from disclosure in evidence, such as those between spouses or between advocate and client.English
57. privileged willAn informal will, written or oral, that a soldier, airman or mariner on active service may make.English
58. privity of considerationThe rule that consideration must move from the promisee; Indian law rejects it and lets consideration come from a third person.English
59. privity of contractOnly the parties to a contract can sue or be sued on it; a stranger to it cannot enforce it.English
60. pro bonoFor the public good: legal work done free of charge, usually for those who cannot afford a lawyer.Latin
61. pro rataIn proportion; according to each person's share.Latin
62. pro tantoTo that extent; only so far as it goes.Latin
63. probateA copy of a will certified by a competent court, with a grant of administration of the estate to the executor.English
64. probationRelease of a convicted offender, instead of sentencing him to prison, on good conduct, often under supervision.English
65. procedure established by lawArticle 21's condition that life or liberty be taken away only by a fair, just and reasonable legal procedure.English
66. product liabilityThe liability of a manufacturer, seller or service provider for harm caused by a defective product.English
67. professional misconductConduct by an advocate that breaches the standards of the profession, for which a Bar Council may punish him.English
68. prohibitionA writ ordering an inferior court or tribunal to stop proceedings that exceed or lack jurisdiction.English
69. promissory estoppelA promisor, including the government, cannot go back on a clear promise the other side relied on to his detriment.English
70. promissory noteA signed written unconditional promise by the maker to pay a certain sum to a certain person or his order.English
71. prompt dowerThe part of the mahr payable immediately on demand after the marriage.Arabic/Persian
72. proportionalityThe test that a restriction on rights must pursue a legitimate aim by suitable, necessary and balanced means.English
73. prosecutionThe conduct of criminal proceedings against an accused on behalf of the State; also the side that brings the charge.English
74. prosecutorThe lawyer who conducts a criminal case for the State.English
75. prospective overrulingOverruling an earlier precedent only for the future, so that past transactions decided under the old law stay valid.English
76. provisoA clause in a statute that carves out an exception or qualification to the main provision it follows.Latin
77. public documentA document that is the act or record of a sovereign authority, official body, tribunal or public officer.English
78. public interest litigationLitigation in which any public-spirited person may seek relief for the public or for those unable to approach court.English
79. public nuisanceAn act or illegal omission that causes common injury, danger or annoyance to the public or people in the vicinity.English
80. public trust doctrineThe State holds natural resources such as rivers, forests and seashores in trust for the public, not as private owner.English
81. punishmentA penalty imposed by law on a person found guilty of an offence.English
82. pure theory of lawHans Kelsen's theory that legal science should study law as a hierarchy of norms, free from morality, politics and sociology.English
83. purposive interpretationInterpreting a statute to give effect to the purpose for which it was enacted, rather than by the bare literal meaning alone.English

Q

1. qisasIn Islamic criminal law, retaliation in kind for intentional homicide or bodily injury, which the victim's heirs may waive.Arabic/Persian
2. qiyasAnalogical reasoning: applying a rule of the Quran or Sunnah to a new case that shares the same effective cause.Arabic/Persian
3. qualified privilegeA defamation defence for statements made in good faith on an occasion of duty or interest, lost if malice is proved.English
4. quantum meruitAs much as he has earned: a claim for reasonable payment for work done where the contract price cannot be claimed.Latin
5. quashTo annul or set aside a proceeding, order or charge as legally invalid.English
6. quasi-contractAn obligation imposed by law, not by agreement, to prevent unjust enrichment of one person at another's expense.English
7. qui facit per alium facit per seHe who acts through another acts himself.Latin
8. qui prior est tempore potior est jureHe who is earlier in time is stronger in right.Latin
9. qui tacet consentire videturHe who is silent is taken to consent.Latin
10. quo warrantoBy what authority: a writ requiring a person holding a public office to show the legal authority under which he holds it.Latin

R

1. rajadharmaThe duty of the king: the body of rules on how a ruler must govern and protect his subjects.Sanskrit
2. rapeSexual intercourse or defined sexual acts with a woman against her will or without her consent.English
3. rarest of rareThe test that death may be imposed for murder only in the rarest of rare cases, when life imprisonment is unquestionably foreclosed.English
4. ratificationLater approval by a person of an act done on his behalf without his authority, making it binding as if authorised.English
5. ratio decidendiThe principle of law on which a court decides a case; the part of a judgment that binds later courts.Latin
6. re-examinationThe questioning of a witness, after cross-examination, by the party who called him.English
7. reasonable classificationA grouping of persons or things for different treatment that Article 14 permits if it meets the two-part test.English
8. reasonable restrictionsLimits the State may lawfully place on the freedoms in Article 19, only on the grounds the Constitution lists.English
9. reasoned decisionA decision that states the reasons on which it rests; also called a speaking order.English
10. rebus sic stantibusThe principle that a treaty may end when the circumstances on which it was based change fundamentally.Latin
11. recitalThe opening part of a deed that sets out the background facts and the purpose of the transaction.English
12. recognitionThe act by which a State accepts another entity as a State, or a group as its lawful government.English
13. record of rightsThe revenue register of each piece of agricultural land showing its holders, tenants and other rights.English
14. reddendo singula singulisA rule of interpretation: where words are listed together, each is applied to the matter it most naturally fits.Latin
15. refugeeA person outside his own country who cannot return because of a well-founded fear of persecution.English
16. registrationThe official recording of a document with the Sub-Registrar so that it takes legal effect and becomes public.English
17. regulationA written rule made under the authority of a statute or the Constitution, usually by a body other than the legislature.English
18. rejection of plaintDismissal of a suit at the threshold under Order VII Rule 11 CPC, on the face of the plaint alone.English
19. relevancy and admissibilityRelevancy asks whether a fact is logically connected under the BSA; admissibility asks whether the court may receive proof of it.English
20. relevant factA fact connected with a fact in issue in one of the ways the evidence law declares relevant.English
21. remandAn order sending an arrested person to police or judicial custody, or sending a case back to a lower court.English
22. remissionA reduction of the period of a sentence without changing its nature or the conviction.English
23. remoteness of damageThe rule that limits compensation to losses closely enough connected with the breach or wrong.English
24. renvoiIn private international law, the forum's reference to a foreign law that includes that law's own conflict rules.French
25. repealThe cancellation of a law, in whole or in part, by a later law.English
26. repugnancyA direct conflict between a Central law and a State law on a Concurrent List subject, resolved in favour of the Central law.English
27. res communis omniumA thing common to all: an area or resource that belongs to no State and may be used by every State.Latin
28. res extinctaA thing that, unknown to the parties, had ceased to exist when they made the contract.Latin
29. res extra commerciumA thing outside commerce: something that cannot lawfully be bought, sold or traded as a matter of right.Latin
30. res gestaeFacts so connected with a fact in issue that they form part of the same transaction.Latin
31. res integraA legal question not yet decided by any binding authority, so the court must decide it from principle.Latin
32. res ipsa loquitur&ldquo;The thing speaks for itself&rdquo;: the accident itself is evidence of negligence.Latin
33. res judicataA matter already finally decided between the same parties cannot be tried again.Latin
34. res nulliusA thing that belongs to no one, and may be acquired by the first person to take possession of it.Latin
35. res perit domino&ldquo;The thing perishes to its owner&rdquo;: loss of goods falls on whoever owns them when they are lost.Latin
36. res sub judiceThe rule that a later suit on the same matter must be stayed while an earlier suit between the same parties is pending.Latin
37. rescissionThe cancellation of a contract, putting the parties back, as far as possible, in their original positions.English
38. reservationThe setting apart of a share of seats or posts for backward or under-represented classes, permitted by Articles 15 and 16.English
39. reservation to treatyA unilateral statement by which a State excludes or modifies the effect of certain treaty provisions for itself.English
40. residuariesIn Muslim law, the heirs (asaba) who take whatever remains of the estate after the sharers are paid.Arabic/Persian
41. respondeat superior&ldquo;Let the master answer&rdquo;: an employer is liable for torts committed by his servant in the course of employment.Latin
42. respondentThe party against whom an appeal, petition or application is filed.English
43. responsibility to protectThe principle that each State must protect its people from mass atrocities, and the international community must act if it fails.English
44. restitutio in integrumRestoration to the original position: damages should put the injured person back where he was before the wrong.Latin
45. restitutionThe return of a benefit received by one person at another's expense when it would be unjust to keep it.English
46. restitution of conjugal rightsA matrimonial remedy by which a court orders a spouse who withdrew from the other's society without reasonable excuse to return.English
47. restorative justiceAn approach to crime that aims to repair the harm to the victim and community, often by bringing offender and victim together.English
48. restraint of tradeAn agreement that stops a person from carrying on a lawful profession, trade or business; void in India except as the Act allows.English
49. retrospective operationThe application of a law to acts or events that happened before the law was made.English
50. reviewReconsideration of a judgment by the same court that passed it, on limited grounds.English
51. revisionThe power of a superior court to call for the record of a lower court and correct jurisdictional or legal errors.English
52. rightAn interest recognised and protected by law, with a corresponding duty on another person.English
53. right to informationThe right of a citizen to obtain information held by public authorities, under Article 19(1)(a) and the RTI Act, 2005.English
54. right to life and personal libertyThe fundamental right in Article 21 that no person shall be deprived of life or personal liberty except by procedure established by law.English
55. right to privacyA fundamental right, part of Article 21 and the other freedoms in Part III, protecting the individual's private sphere.English
56. robberyTheft or extortion accompanied by violence, or by fear of instant violence.English
57. ruleA general statement of what may, must or must not be done; in statutes, delegated legislation made by the government.English
58. rule against perpetuityThe rule that a transfer of property cannot postpone the vesting of an interest beyond a life in being plus the minority of an unborn person.English
59. rule of lawThe principle that everyone, including the government, is subject to the law and that power must be exercised according to law.English

S

1. sale agreementA contract to sell immovable property in future on agreed terms; it does not by itself transfer ownership.English
2. sale of goodsA contract by which the seller transfers or agrees to transfer property in goods to the buyer for a price.English
3. salus populi suprema lex estoLet the welfare of the people be the supreme law.Latin
4. sapindaA relationship of common ancestry within the degrees fixed by Hindu law, within which marriage is barred.Sanskrit
5. saptapadiThe seven steps taken jointly by bride and groom before the sacred fire in a Hindu marriage.Sanskrit
6. scienti non fit injuriaKnowledge of a risk is not the same as consent to it.Latin
7. second appealAn appeal to the High Court from an appellate decree, allowed only on a substantial question of law.English
8. secondary evidenceEvidence of the contents of a document other than the original, such as certified copies or oral accounts.English
9. secularismThe principle that the State has no religion of its own and treats all religions with equal respect.English
10. seditionExciting disaffection against the government by words or signs; no longer an offence by that name under the BNS.English
11. self-determinationThe right of a people to freely determine their political status and pursue their economic, social and cultural development.English
12. senior advocateAn advocate designated as senior by the Supreme Court or a High Court for ability, standing at the Bar or expertise.English
13. sentenceThe punishment a criminal court imposes on a person it has convicted.English
14. sententia legisThe intention or spirit of the law, as distinct from its bare words.Latin
15. separation of powersThe division of State power among the legislature, the executive and the judiciary, each checking the others.English
16. set asideTo cancel or annul a judgment, order, award or transaction so that it has no effect.English
17. seven lamps of advocacyJudge Edward Abbott Parry's seven qualities of a good advocate: honesty, courage, industry, wit, eloquence, judgment and fellowship.English
18. shared householdA household where an aggrieved woman lives or has lived in a domestic relationship, giving her a right to reside there.English
19. sharersHeirs under Muslim (Hanafi) law whose fixed shares in the estate are laid down in the Quran.Arabic/Persian
20. shariaIslamic law as derived from the Quran, the Sunna and the other recognised sources of Muslim jurisprudence.Arabic/Persian
21. shebaitThe person who manages the property and worship of a Hindu idol (deity).Sanskrit
22. shufaThe Muslim law right of pre-emption: a right to buy property that is being sold, in preference to the buyer.Arabic/Persian
23. sic utere tuo ut alienum non laedasUse your own property in such a way as not to injure another's.Latin
24. simple mortgageA mortgage in which the mortgagor keeps possession, is personally liable to repay, and allows the property to be sold on default.English
25. sine dieWithout fixing a day; adjourned indefinitely.Latin
26. sine qua nonAn essential condition without which something cannot exist or happen.Latin
27. slanderDefamation in a transient form, such as spoken words or gestures.English
28. smriti&ldquo;That which is remembered&rdquo;: the Hindu law texts composed by sages, such as Manu, Yajnavalkya and Narada.Sanskrit
29. sociological schoolThe school of jurisprudence that studies law as a social institution and measures it by its effects on society.English
30. sources of lawThe origins from which rules of law derive their authority and content.English
31. sovereign immunityThe doctrine that the State is not liable in tort for acts done in the exercise of sovereign functions.English
32. sovereigntySupreme and independent power within a State, not subject to any other authority.English
33. special leave petitionA petition asking the Supreme Court for permission to appeal against any judgment or order of any court or tribunal in India.English
34. specific performanceA court order compelling a party to carry out the contract itself, rather than pay damages.English
35. spes successionisA mere hope or chance of succeeding to property in future; it cannot be transferred.Latin
36. sruti&ldquo;That which is heard&rdquo;: the Vedas, regarded as revealed knowledge and the primary source of Hindu law.Sanskrit
37. stamp dutyA tax payable on instruments (documents) recording transactions, such as conveyances, leases and agreements.English
38. standard form contractA contract drafted in advance by one party on fixed terms which the other can only accept or reject.English
39. standard of proofThe degree of certainty with which a fact must be proved before a court will accept it.English
40. stare decisisTo stand by decided cases: courts follow binding precedents and do not reopen settled points of law.Latin
41. state responsibilityThe obligation of a State to make reparation for an internationally wrongful act attributable to it.English
42. state successionThe replacement of one State by another in responsibility for the international relations of a territory.English
43. statelessnessThe condition of a person who is not considered a national by any State under its law.English
44. status quoThe existing state of affairs at a given moment.Latin
45. statuteA law enacted by a competent legislature.English
46. stayA court order suspending a proceeding, or the operation or execution of an order, for a time.English
47. strict constructionInterpreting a statute narrowly by its exact words, especially penal and taxing laws, resolving doubt in favour of the subject.English
48. strict liabilityLiability for harm without proof of negligence, imposed on a person who keeps something dangerous that escapes.English
49. stridhanA Hindu woman's own property, including gifts received at or around her marriage, over which she has absolute control.Sanskrit
50. sub judiceUnder judicial consideration; pending before a court and not yet decided.Latin
51. sub silentioIn silence: a point of law not argued or considered by the court, so the decision is not a precedent on it.Latin
52. subrogationSubstitution of one person in place of another so that he takes over the other's rights against a third party.English
53. successionThe passing of a dead person's property and rights to others, either by will or under the rules of inheritance.English
54. succession certificateA certificate granted by a civil court authorising the holder to collect the debts and securities of a deceased person.English
55. sui generisOf its own kind; unique and not fitting an existing category.Latin
56. sui jurisOf full legal capacity; able to manage one's own affairs and be bound by law.Latin
57. suitA civil proceeding started by presenting a plaint in a civil court.English
58. summary suitA suit on a written contract or negotiable instrument tried by a quicker procedure where the defendant needs leave to defend.English
59. summonsA court's written order requiring a person to appear, or to produce a document, on a given date.English
60. suo motuOn its own motion, without an application by any party.Latin
61. supraAbove; refers the reader to an earlier part of the same text.Latin
62. suretyA person who undertakes to answer for another's debt, default or appearance.English
63. sustainable developmentDevelopment that meets present needs without compromising the ability of future generations to meet theirs.English

T

1. talaqDivorce by the unilateral pronouncement of a Muslim husband.Arabic/Persian
2. talaq-e-ahsanThe most approved form of talaq: a single pronouncement in a period of purity, followed by abstinence for the iddat period.Arabic/Persian
3. talaq-e-biddatInstant, irrevocable triple talaq; void in India and a punishable offence since 2019.Arabic/Persian
4. talaq-e-hasanAn approved form of talaq made by three pronouncements in three successive periods of purity.Arabic/Persian
5. talaq-e-tafweezDelegated divorce: the husband's power of talaq delegated to the wife or a third person.Arabic/Persian
6. tazirUnder Islamic criminal law, a discretionary punishment for offences whose penalty is not fixed by the Quran or Sunna.Arabic/Persian
7. temporary injunctionA court order restraining or requiring an act until the suit is decided or until further orders.English
8. tenant at sufferanceA tenant who stays on in possession after the lease has ended, without the landlord's consent.English
9. terra nulliusLand belonging to no one, which a State may acquire by occupation.Latin
10. territorial nexusThe doctrine that a law may reach persons or things outside the territory if they have a real connection with it.English
11. territorial seaThe belt of sea adjacent to a coastal State, up to 12 nautical miles from the baseline, over which it has sovereignty.English
12. test identification paradeA procedure in which a witness is asked to pick out the suspect from among a group of similar-looking persons.English
13. testatorA person who makes a will (a woman was traditionally called a testatrix).English
14. theftDishonestly taking movable property out of another's possession, without consent, by moving it.English
15. theories of punishmentThe justifications offered for punishing offenders: deterrent, retributive, preventive, reformative and expiatory theories.English
16. titleThe legal right to ownership of property, or the evidence (such as a deed) that proves that right.English
17. tortA civil wrong, other than a breach of contract or trust, for which the remedy is an action for unliquidated damages.French
18. trademarkA mark capable of graphical representation that distinguishes one person's goods or services from others'.English
19. transfer of propertyAn act by which a living person conveys property, now or in future, to another living person or to himself.English
20. travaux préparatoiresThe preparatory work of a treaty or statute, such as drafts, debates and records of negotiation.French
21. treatyAn international agreement concluded between States in written form and governed by international law.English
22. trespassDirect and unjustified interference with another's land, goods or person.English
23. trespass ab initioTrespass from the beginning: an entry made under legal authority becomes unlawful from the start if that authority is abused.Latin
24. trialThe judicial examination of evidence and arguments to decide guilt in a criminal case, or the issues in a civil case.English
25. tribunalA body outside the ordinary court system set up by law to decide particular kinds of disputes.English
26. trustAn obligation attached to ownership of property, arising from confidence placed in the owner, to hold it for the benefit of another.English

U

1. uberrimae fideiOf the utmost good faith; a class of contracts in which each party must disclose all material facts.Latin
2. ubi jus ibi remediumWhere there is a right, there is a remedy.Latin
3. ultra viresBeyond the powers conferred by law; an act done without legal authority.Latin
4. undue influenceUsing a position of dominance over another's will to obtain an unfair advantage in a contract.English
5. unfair trade practiceA trade practice that uses unfair or deceptive methods to promote the sale or supply of goods or services.English
6. universal jurisdictionThe power of any State to prosecute certain grave international crimes regardless of where they were committed or by whom.English
7. unlawful assemblyAn assembly of five or more persons whose common object is to commit one of the purposes listed in the law.English
8. usufructuary mortgageA mortgage in which possession is given to the mortgagee, who takes the rents and profits in place of interest or repayment.English
9. ut res magis valeat quam pereatIt is better that a thing should have effect than be made void; a rule for interpreting documents and statutes.Latin
10. uti possidetis jurisAs you possess under law, so you shall possess: new States inherit the colonial administrative boundaries.Latin
11. utilitarianismThe theory that law and actions should be judged by whether they produce the greatest happiness of the greatest number.English

V

1. vakalatnamaThe written authority by which a party appoints an advocate to act for it in a case.Arabic/Persian
2. verbatimIn exactly the same words; word for word.Latin
3. versusAgainst; used between the names of opposing parties in a case title.Latin
4. vested interestA present right to property, though enjoyment may be postponed; it is not defeated by the transferee's death.English
5. vicarious liabilityLiability of one person for a tort committed by another because of their relationship.English
6. vice versaThe other way round; with the order or relationship reversed.Latin
7. vigilantibus non dormientibus jura subveniuntThe law helps those who are watchful of their rights, not those who sleep on them.Latin
8. vis majorAn irresistible natural force or event that no human care could foresee or prevent.Latin
9. viva voceBy word of mouth; orally, rather than in writing.Latin
10. void ab initioVoid from the very beginning, as if it had never existed in law.Latin
11. void agreementAn agreement not enforceable by law, which therefore creates no legal rights or obligations.English
12. voidable contractA contract enforceable at the option of one party but not of the other.English
13. volenti non fit injuriaNo wrong is done to one who consents; a defence based on the plaintiff's voluntary acceptance of the risk.Latin
14. volksgeistThe spirit or common consciousness of a people, which Savigny saw as the true source of law.German
15. vyavaharaIn classical Hindu law, judicial procedure and the law of litigation between parties.Sanskrit

W

1. wagering agreementAn agreement to pay money or money's worth on an uncertain future event, where neither party has any other interest in it.English
2. wakfIn Muslim law, the permanent dedication of property to God for a purpose recognised as religious, pious or charitable.Arabic/Persian
3. wakf-alal-auladA family wakf, made for the benefit of the founder's children and descendants, with an ultimate gift to charity.Arabic/Persian
4. warrantA written order of a court directing a police officer to arrest and produce a person, or to search a place.English
5. warrantyA stipulation collateral to the main purpose of a contract of sale, whose breach gives a right to damages but not to reject the goods.English
6. wasiyatA will under Muslim law, by which a Muslim disposes of up to one-third of his estate after death.Arabic/Persian
7. Wednesbury unreasonablenessA ground of judicial review: a decision so unreasonable that no reasonable authority could ever have come to it.English
8. willA legal declaration of a person's intention about how his property is to be dealt with after his death.English
9. winding upThe process of ending a company's existence by realising its assets, paying its debts and distributing any surplus.English
10. witnessA person who gives evidence in court, orally or in writing, about facts he knows.English
11. writA formal order issued by the Supreme Court or a High Court to enforce rights or correct the actions of public authorities.English
12. written statementThe defendant's pleading in a civil suit answering the allegations in the plaint.English
13. wrongful restraintVoluntarily obstructing a person so as to prevent him from going in a direction in which he has a right to go.English

Z

1. zero FIRAn FIR registered by any police station for a cognizable offence regardless of where it occurred, then sent to the station with jurisdiction.English