More often than not, legal terms make non-lawyers confused regarding the subject matter of an order, hearing or anything related to the Court of Law. Therefore, it is pertinent to understand a few important commonly used legal terms and make them a part of our daily vocabulary.
General Legal Terms
Following are the legal terms:-
- Appeals
Appeal is a process by which a judgement/order of a Subordinate Court is challenged before a Superior Court. An appeal can be filed by either party to the case.
- Appellant
The person appealing against the decision of the Lower Courts in the Higher Courts against is deemed to be the Appellant.
- Abetment
The act of instigating, encouraging, is influencing a person into committing an offence.
- Accomplice
When a person intentionally consorts with another person for the commission of a crime is deemed to be an Accomplice.
- Accused
An accused is a person who is charged with the commission of an offence.
- Acquit
When a person charged with a crime is found to be not guilty, he is said to be acquitted of the crime.
- Act of God
Act of God is also known as Force Majeure. It translates to “superior force”. An Act of God can be instances like a pandemic, natural disaster, etc.
- Actus reus
Actus Reus is the physical element in the act or omission of a crime. It is a required element under the statue.
- Adjudication
The act of judging/deciding a case, competition, or argument and making a formal decision is known as adjudication.
- Ad hoc
Ad hoc means that something has been created for a specific purpose. For instance, when a committee is established for a specific purpose, it is deemed to be an ad hoc committee.
- Adjourn
The act for postponing or deferring a proceeding to a future date is known as Adjournment. In simple terms, to adjourn means to postpone.
- Affidavit
An Affidavit is a sworn statement in written format made specifically under oath or affirmation before an authorised officer or Magistrate. It states that the facts made in writing are true to the best of his/her knowledge.
- Aggrieved
When someone is in a situation wherein they were not afforded the appropriate legal rights is said to be an aggrieved person.
- Arbitration
Arbitration is rhe process in which a dispute is submitted by agreement of the parties to one or more arbitrators who make a binding decision on the dispute.
It is the legal acknowledgement of the authenticity of a document and verification that proper process was followed.
- Allegation
A statement made without giving any proof is termed as an allegation.
- Alias
A term used to indicate a person is known by more than one name.
- Alternate Dispute Resolution
An alternate process for settling a dispute other than litigations is known as ADR. Alternate processed include arbitration, mediation, conciliation.
- Amendment
A change in law either wholly or in part is deemed to be an Amendment.
- Annexure
A separate part of a legal agreement, complaint, petition, suit, etc that brings on record material evidence.
Release of an arrested or imprisoned accused when a specified amount of security is deposited or pledged to ensure the accused appearance in Court when ordered.
- Bailable
An offence is deemed to be bailable when the accused is capable of being set free on bail.
- Bench
Bench is a general term used for all judges.
- Breach
An act of failing to or breaking the law, agreement, code of conduct or contract.
- Bylaws
A bylaw is a law which is made by a local authority and which applies only in their area.
- Capital Punishment
It is also known as death penalty, execution of an offender sentenced to death after conviction by a court of law for criminal offenses.
- Cause List
A list of cases to be heard or awaiting hearing.
- Cause of Action
The fact or combination of facts that gives a person the right to seek judicial redress or relief against another is known as the Cause of Action.
- Civil Procedure Code
The code that governs all civil matters and litigations is known as the Civil Procedure Code
- Complaint/Complainant
A document that sets forth a jurisdictional basis for the Courts power, the plaintiff’s cause of action, and a demand for judicial relief is known as a Complaint. The person who initiates a complaint is known as the Complainant.
- Cognisable Offence
An offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
- Contempt of Court
An offence is committed when a person either disobeys a court or order or when a person says or does anything that scandalizes, prejudices, or interferes with judicial proceedings and the administration of justice.
- Compensation
The word compensation means to expiate the loss suffered.
- Compoundable Offences
Those offences where the complainant enters into a compromise and agrees to have the charges dropped against the accused.
- Consideration
When at the desire of the promisor, the promise or any other person has one or abstained from doing or does or abstains from doing or promises to do or to abstain from doing something such act or abstinence or promise is called consideration.
- Criminal Procedure Code
All proceedings related to all criminal offences are conducted as per the Criminal Procedure Code.
- Condonation of Delay
It means the extension of prescribed time in certain cases subject to sufficient cause.
- Delinquent
A person, neglecting one’s duty or failing to pay a debt or guilty of a crime or failure of duty.
- Duress
Conduct intended to force someone to do something he or she does not want to do, such as threat of violence or coercion.
- Fundamental Rights
Basic human rights of all citizens are Fundamental Rights. These rights are defined in Part III of the Constitution and are applicable irrespective of race, place of birth, religion, caste, creed, or gender.
- Indian Penal Code
All offences/crimes are defined under the Indian Penal Code.
- Intervener
When a non-party applies to join an ongoing litigation either as a matter of right or at the discretion of the court, without the permission of the original litigants is known as an Intervener.
- Jurisdiction
The limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals and other proceedings is known as jurisdiction.
- Legislature
A statute is a formal act of the legislature in written form.
A legislature is a kind of assembly with the power to pass, amend and repeal laws.
- Litigant
Any party to a lawsuit is known as the litigant. This includes plaintiff, defendant, petitioner, respondent, cross-complainant, and cross defendant but not a witness or an advocate.
- Lok Adalats
Lok Adalat is a formal Indian judicial alternative dispute resolution forum that serves to settle cases pending findings of a panchayat or at the pre-litigation stage in a court of law.
- Notice
A legal notice in India is the first step of any legal proceeding as it alerts a person to get prepared for a court action. It acts like a warning as it lays down conditions that are required to be fulfilled in order for the sender to drop the intention of pursuing legal action.
- Orders
Direction of a court or judge normally made or entered in writing and not included in a judgement, which determines some point or directs some step in proceedings
- Original Jurisdiction
Original jurisdiction of a court refers to a matter for which the particular court is approached first.
- Pendency/ Pendente Lite
This term translates to ‘during litigation’ or depending on the outcome of litigation.
- Petition
A petition is a formal request made to a court of law for the prayed upon legal action to be taken.
- Plaint
A statement in writing containing the grounds of a complaint made to a court of law and asking for redressal of grievance.
- Plaintiff
A person or company that makes a complaint in writing in the court of law is known as a Plaintiff. This term is mostly used in civil matters.
- Precedents
Precedent refers to the process by which a judge applies an existing principle of law established in old cases that could be made applicable to cases pending adjudication.
- Respondent
The party against whom a petition is filed especially on appeal is known as the respondent. In a higher court a respondent can be either party to the matter, that is, the plaintiff or the defendant.
- Review
When an application is made to re-adjudicate a matter based on certain criteria us known as a Review.
- Statute
A statute is a formal act of the Legislature in written form. It declared the will of the legislature. It may be declaratory of the law or a command which must be obeyed, or a prohibition forbidding a course of conduct or a particular act.
- Stay Order
The act of temporarily stopping a judicial proceeding through the order of the Court is known as Stay Order. It is a suspension of a case or suspension of a particular proceeding within a case.
- Sub-judice
The term sub judice literally means under judicial consideration. This term is used in matters that are under adjudication by a Court of Law.
- Suo Moto
When the court on its own accord takes cognizance of an issue is known as a suo moto action of the Court.
- Suit
The term suit ordinarily means a means a civil proceedings instituted by presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights
- Summons
A summon is a court order that is issued to an individual to appear in court at a specified time and place.