Important Legal Words/ Maxims
| 1 | Accomplice | A partner in a crime. One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime. The word accomplice has not been defined under the Indian Evidence Act, 1872 (IEA). However, an accomplice is a competent witness as per Section 133 of the IEA. |
| 2 | Ad Litem
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The courts appoint attorneys ad litem, generally as a matter of law, for parties that have a legal interest in a case but that cannot represent themselves like children or incapacitated adults. |
| 3 | Affiant | A person who makes and signs an affidavit. |
| 4 | Alford Plea | A special type of guilty plea by which a defendant does not admit guilt but concedes that the State has sufficient evidence to convict. This type of plea is normally made to avoid the threat of greater punishment by the Court. |
| 5 | Alibi | To be present elsewhere. It is a defence claimed by the accused that he was somewhere else at the time a crime was committed. Section 11 of the Indian Evidence Act, 1872 is based upon the principle of alibi. |
| 6 | Allocution | Allocution is defendant’s statement in mitigation of punishment. It allows the defendant to explain why the sentence should be lenient. Allocution is also required from the accused/ defendants in plea bargaining There are various provisions under Criminal Procedure Code, 1973 on defendant’s right of allocution. |
| 7 | Animus Nocendi
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It literally means “intention to harm”. It is the subjective state of mind of the offender (author of the crime) wherein the accused is aware, by means of knowledge or intention, of the possible consequences of his unlawful act. Animus nocendi is one of the essential elements for holding a person criminally liable. |
| 8 | Arraignment | Arraignment is a formal reading of criminal charges in the presence of the accused to inform him of the charges against the accused. Such process is done generally on the first court appearance of a person accused of a crime. |
| 9 | Assentio Mentium | Assentio Mentium is a Latin word that means “meeting of minds” or mutual assent (express or implied) of the parties to the contract. Consensus ad idem is a synonym Latin for assentio mentium. Example, while arriving at contract for sale of A’s house there was assentio mentium between A and the B (purchaser) as to the terms and conditions of the contract. |
| 10 | Bona Vacantia, Doctrine of | This is a common law doctrine relates to the land law. “Bona Vacantia” (BV) means goods without an owner (i.e. ownerless goods). In legal parlance, BV means ownerless property that passes to the State/ Government. This most often occurs when someone dies intestate and with no living or traceable family. It ensures that the property is not left ownerless. The right to acquire property by way of bona vacantia is not transfer inter-vivios/ intestate transfer (i.e. transfer between living persons) or testate transfer (i.e. transfer by operation of law viz. will/ succession etc.) This doctrine is also known as doctrine of “ESCHEAT” and is based on the attribute of sovereignty. This doctrine is incorporated under Article 296 of the Indian Constitution. |
| 11 | Caveat actor
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Caveat actor means “let the doer beware”. This is a common law maxim. Caveat actor is used as a warning that the doer of an action should be beware of his/her act. The burden of the action would be on the doer of the act. The person will have to bear the consequence of the act if not otherwise provided in any agreement. |
| 12 | Compos Mentis | It is a Latin term. It means a person of sound mind, memory, and understanding. The antonym of compos mentis is “non compos mentis” which means a person “of unsound mind”.
Under Indian criminal law jurisprudence, non-compos mentis is a good defence Section 84 under Indian Penal Code, 1860 read with Section 334 of the Code of Criminal Procedure, 1973. Besides, non-compos mentis is also a relevant ground ground in discharging a lawful civil/ contractual obligations. For example, Mr. ‘X’ pleaded before the Court that his grandmother was no longer compos mentis and needed a legal guardian. |
| 13 | Corpus Delicti (अपराध–सार)
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Corpus delicti is a Latin term meaning “body of the misdeed or crime”. It sometimes refers to the body of the victim of a crime. However, the term has a broader meaning and includes a substantial/ material/ fundamental fact necessary to prove the commission of a crime. |
| 14 | Escrow/ Escrow Account
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Money or a written instrument such as a deed that, by contractual agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.
An escrow account is a temporary pass through account held by a trusted third party during the process of a transaction between two parties. This is a temporary account as it operates until the completion of a transaction process. The transaction is implemented after all the conditions between the buyer and the seller are complied with. |
| 15 | Exhortation | Exhortation means “insistence”. It is basically an address or communication emphatically urging someone to do something. For example, despite constitutional mandate under Article 44 of the Indian Constitution and the judicial exhortation, legislative steps are yet to be taken on the front of Uniform Civil Code in India. |
| 16 | “GIG” Economy (गिग इकॉनमी)
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The term “gig” etymologically means” small/ temporary but quick result oriented. Basically, it is a slang word meaning “a job for a specified period of time” and is typically used in referring to musicians. The gig economy, though technology-driven, is an extension of unorganized labour force.
From the economic perspective, gig economy is a free market system with the temporary employee engaged for short-term in which temporary positions are common and organizations contract with independent workers for short-term engagements. Examples of gig employees in the workforce could include freelancers, independent contractors, project-based workers and temporary or part-time hires. A gig economy undermines the traditional economy of full-time workers who rarely change positions and instead focus on a lifetime career The Swigy, Ola, Uber etc. are active players of the gig economy. The laws to regulate such market trend/ economy are still in nascent stage. |
| 17 | Jus non scriptum
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Jus non scriptum is Latin for “unwritten law”. It contrasts with the jus scriptum (“written law”). The jus non scriptum was the body of common laws that arose from customary practice. However, it becomes binding over time provided the ingredients of customary laws are complied with. |
| 18 | Hemiplegia | Hemiplegia is a neurological condition. It IS sometimes called hemiparesis and is a condition that affects one side of the body (Greek ‘hemi’ = half). It is caused by injury to parts of the brain that control movements of the limbs, trunk, face, etc. |
| 19 |
Intervenor
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An intervenor is a party who does not have a substantial and direct interest but has clearly ascertainable interests and perspectives essential to a judicial determination and whose standing has been granted by the court for all or a portion of the proceedings. The application filed by the person concerned is known as “intervening application”.
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| 20 |
Modus Vivendi |
Modus vivendi is a Latin phrase that means “mode of living” or “way of life”. It is often used to mean an arrangement or agreement that allows conflicting parties to coexist in peace. In science it is used to describe lifestyle. |
| 21 | Nolle Prosequi
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A latin phrase which means to be unwilling to pursue a suit by a plaintiff or prosecutor. It is a kind of withdrawal of suit and it is not an acquittal as the case/ suit is not decided/ adjudicated on merit. For example, Section 321 of the Criminal Procedure Code, 1973 (India) provides that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried. Similarly, Order XXIII of the Code of Civil Procedure, 1908 (India) deals with the withdrawal of suits. |
| 22 | “Pacta Sunt Sarvanda”
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It is a latin phrase. It etymologically means “agreement must be kept” It means agreement/ treaties are legally binding. With reference to international agreements, “every treaty in force is binding upon the parties to it and must be performed by them bonafidely (good faith). It is a basic and arguably the oldest principle of civil law and international law. Pacta sunt servanda is directly referred to in many international agreements governing treaties, including the Vienna Convention on the Law of Treaties, 1969. |
| 23 | Pendente lite | during the suit : while litigation continues (Eg: The Bank claimed pendente –lite interest till disposal of the suit) |
| 24 | Per Curium Opinion/ Decision
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An unsigned opinion/ decision is called per curium opinion/ decision. A per curiam decision is a court opinion issued in the name of the Court rather than specific judges. It is a very brief opinion or decision of a court rendered without elaborate discussion of the principles or reasons therefor. |
| 25 | “Persona non-grata” (अस्वीकार्य/ अवांछनीय व्यक्ति)
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It is a latin phrase that means “a person is not appreciated”. It refers to a foreign person whose entry or remaining in a country is prohibited by that country’s government. It is a kind of serious censure which a country can apply to foreign diplomats, who are otherwise protected by diplomatic immunity from arrest and other normal kinds of prosecution. Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961 a receiving state may “at any time and without having to explain its decision” declare any member of a diplomatic staff persona non grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission”.
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| 26 | Prognosis
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The word prognosis was initially a medical term, but later on it broadened to encompass predictions/ forecasts made by experts of any field.
The prefix “pro” means “before”. Thus, the word prognosis literary means fore-knowing or foreseeing or foretelling. It is a view/ judgment or an opinion, based upon the experiences or existing trends/ symptoms, as to how something is likely to develop positively or negatively in future. Example, considering the prognosis of mounting inflow of trial of cases relating to sexual offences and child abuse, there is a need to think about constitution of more Special Courts to dispose of the pending trial expeditiously. |
| 27 | Recidivism/ Recidivist
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The recidivism is the act of continuing to commit crimes even after having been punished. It is the continued, habitual, or compulsive commission of law violations after first having been convicted of prior offenses. A recidivist is a person who is released from prison and who later commits another crime, or reoffends, such as a parole violation or the commission of a new crime. |
| 28 | Seisin | It literally means “possession” of land or something. It is generally used to denote possession/ title of the land or thing or to have jurisdiction over a case. The seisin may be of two kind—Seisin in Law (de jure possession) and Seisin in Fact (de facto possession). |
| 29 | Sequitur | Conclusion/ Consequence/ Inference (Eg.: Mr. “X” was not financially sound, as reasonable sequitur he was unable to meet daily needs of his family. |
| 30 |
“Subpoena (सपीनअ)” (उपस्थिति–पत्र)
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It is a legal document issued most often by a court, to compel testimony by a witness or production of evidence in a judicial proceeding. The disobedience may attract contempt of court. A summons is different from subpoena. A summons is an official notice of a lawsuit while subpoena is an order of the court to appear and depose, of any. For example, the respondent was sunpoenaed to testify before the Judge. It is also known as witness summons. |
| 31 | Supersedeas | It is a common-law writ issued by an appellate court to preserve the status quo pending review of a judgment, or pending other exercise of its jurisdiction. The term is often used interchangeably with a stay of proceeding. |
Compiled by Team LegalMines.
