Legal Terminology CLAT Notes | EduRev

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CLAT : Legal Terminology CLAT Notes | EduRev

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1Adjournment MotionA motion moved by a member in a legislature when it is desired to draw the attention of the executive to a matter of urgent public importance or interest.
2Adult SuffrageIs the right of voting in political elections granted to every adult person male or female without distinction of caste, creed, colour or holding of any property or qualification. Etc.
3AlibiThe plea that the person charged with a crime was somewhere else when the crime was committed.
4AbetTo encourage someone to commit a crime.
5AbeyanceThis law is a in abeyance.
6AbrogateTo end.
7AffirmTo state that you will tell the truth, but without swearing an oath.
8AffrayPublic fight, which frightens other people.
9AmnestyOften for political crimes, given to several people at a same time.
10AnarchyAbsence of law and order, because the government has lost control or because there is government.
11AnteWhich has taken place earlier or before.
12AppellantPerson who appeals or who goes to a higher court to ask it to change a decision or a sentence imposed by a lower court.
13ApportionTo share out in proportion.
14AssignmentLegal transfer of a property or of a right.
15AttachmentHolding a debtor’s property to prevent it from being sold until debts are paid.
16AttestTo sign in the presence of a witness who also signs as evidence that the signature is real.
17AttornTo Transfer.
18AutopsyExamination of a dead person to see what was the cause of death.
19AverTo make a statement or an allegation in pleadings.
20AwardDecision, which settles a dispute.
21BicameralHaving or consisting of two legislative chambers.
22Bye LawsAre special rules and regulations made by any company or corporation for carrying on its affairs, but they must neither contrivance the powers conferred by the Parliament nor the laws of the land.
23BailReleasing an arrested person from custody after payment has been made to a court as guarantee that the person will return to face trial.
24BailmentTransfer of goods by someone (the bailor) to someone (the bailee) who the holds them until they have to be returned to the bailor (as when leaving a coat in a cloakroom or at the cleaner’s).
25BailiffGB person employed by the court, whose responsibility is to see that documents are served.
26BankruptWho has been declared by a court not to be capable of paying his debts and whose affairs are put into the hands of a trustee.
27BeneficiaryPerson who is left property in a will.
28BicameralWhich has two chambers or houses.
29BigamyNotifiable offence of going through a ceremony of marriage to someone when you are still marriage to someone else.
30BlasphemyThe crime of ridiculing or denying God or a religion in a scandalous way.
31Bona fidesGood faith or in good faith.
32BoroughTown, which has been incorporated. Borough council = representatives elected to run a borough.
33BorstalCenter where a young offender was sent for training if he had committed a crime, which would normally be punishable by a prison sentence.
34BourgeoisMiddle class or referring to the class of businessmen and professional people.
35BreachFailure to carry out the terms of an agreement.
36Breath testTest where a person’s breath is sampled to establish the amount of alcohol he has drunk.
37BriefDetails of a client’s case prepared by his solicitor and given to the barrister who is going to argue the case in court.
38Burden of ProofDuty to prove that something which has been alleged in court is True.
39Censure MotionMeans a motion of no-confidence in a government of a group in power.
40Copy rightThe exclusive right of an author in his literary or artistic work. It is vested in the author for a period of sixty years.
41Court martialA court of military or naval officers to try persons for breach of military discipline according to military discipline according to military law.
42CaveatWarning.
43Caveat emptorLet the buyer beware.
44CitationQuotation of a legal case.
45ClemencyPardon or mercy.
46CoalitionGroup of two more political parties who come together to form a government.
47CodicilDocument executed in the same way as a will, making additions or changes to an existing will.
48CoercionForcing someone by pressure to commit a crime or do some act.
49ConciliationBringing together the parties in a dispute so that the dispute can be settled.
50CondominiumRule of a colony or protected territory by two or more countries together.
51CondoneTo forgive.
52ConjugalReferring to marriage.
53ConsortiumGroup of different companies which work together on one project.
54ContingencyPossible state of emergency when decisions will have to be taken quickly.
55ConversionTort of dealing with a person’s property in a way which is not consistent with that person’s rights over it.
56CorroborateTo prove evidence which has already been given.
57CounterfeitFalse or imitation.
58CountermandTo countermand an order = to say that an order must not be carried out.
59CoupRapid change of government which removes one government by force and replaces it by another.
60CovenantAgreement or undertaking to do something or not to do something.
61Curriculum vitaeSummary of a person’s life story showing details of calculation and work experience.
62DecreeThe award or decision of a court or arbitrator.
63DeedLegal document which has been signed, sealed and delivered by the person making it.
64DefamationAct of injuring someone’s reputation by maliciously saying or writing thing about him.
65DefeasanceClause which says that a contract or bond.
66DefraudTo trick someone so as to obtain money illegally.
67DelegatePerson who is elected by other to put their case at a meeting.
68DelinquencyThe act of committing crime, usually minor crime.
69DemagogueLeader who is able to the support of the people by exciting their feeling and prejudices.
70DeponentPerson who makes a statement under oath or by affidavit.
71DeposeTo state under oath.
72DetinueTort of wrongfully holding goods which belong to someone else.
73DictumSaying or statement made by a judge.
74DigestBook which collects summaries of court decisions together, used for reference purposes by lawyers.
75DischargeEnding of a contract by performing all the conditions of the contract.
76DishonourTo refuse to pay a cheque.
77EarnestMoney paid as a down payment to show one’s serious intention to proceed with a contract.
78EasementRight which someone has to use land belonging to someone else, such as for a path.
79EmbezzleTo use illegally.
80ExecutorSomeone who is appointed by a person making his will who will see that the terms of the will are carried out.
81ExpungeTo remove.
82ExtortTo get money or promises or a confession from someone.
83ExtraditeTo bring an arrested person from another country to your country because he is wanted for trial for a crime which he committed in your country.
84FiduciaryActing as trustee for someone else or being in a possible of trust.
85FreeholdAbsolute right to hold land.
86GenocideThe wilful extermination of a minority or a religious community or race by mass killing or by passing repressive measures.
87GratuitousFree or with no money being offered.
88Hire purchaseSystem of buying something by paying a sum regularly each month until you own it completely.
89HolographDocument written by hand holograph will.
90HomicideKilling of person.
91Horse-tradingBargaining between political perties or politicians or members of a committee to obtain a general agreement for something.
92House of lordsUpper House of the British Parliament made up of hereditary lords, life peers, leading judges and bishops. House Judicial Committee of the House of Lords = Highest court of appeal in both civil and criminal cases in England and Wales.
93House of RepresentativeLower house of the congress of the United States, made up of 435 elected members.
94HypothecationUsing property such as securities as collateral for a loan, but not transferring legal ownership to the lender.
95In cameraIn private, with no members of the public permitted to be present.
96IncorporealWhich is not physical or which cannot to touched.
97IndemnityStatement of liability to pay compensation for a wrong in a transaction to which you are a party.
98IndictmentWritten statement of the details of the crime with which someone is charged in the crown court.
99InfringeTo Break a law or a right.
100InjunctionCourt order compelling someone to stop doing something or not to do something.
101InterimTemporary or not final.
102InterlocutoryTemporary or provisional or happening at a court hearing which takes place before full trial.
103IntestateTo die without making out a Will.
104ImpeachmentIt means accusing a high official like president of India, Supreme Court Judge, ect. Of disloyally to the country and corruption and trying him in the Parliament according to a procedure set by law.
105JeopardyTo be in jeopardy = to be in danger of punishment or of harm.
106JetsamCargo, which is thrown off a sinking ship.
107JurisprudenceStudy of the law and the legal system.
108JuristPerson who has specialized in the study and practice of law.
109JurorMember of a jury.
110JuryGroup of twelve citizens who are sworn to decide whether someone is guilty or not guilty on the basis of the evidence they hear in court.
111JusLaw or right.
112KickbackIllegal commission paid to someone who helps in a business deal.
113Letters PatentA document under seal of the government authorising an individual or body to do some act or enjoy some privilege.
114Laissez-fairePolitical theory where a government does nothing to control the Economy.
115LarcenyCrime of stealing goods which belong to another person.
116LaunderTo transfer illegal or stolen money into an ordinary bank account, usually by a complex process to avoid detection.
117LibelWritten and published or broadcast statement which damages someone’s character.
118LienLegal right to hold someone’s goods and keep them until a bedt has been paid.
119Lock outExclusion of employees by their employer from their place of work until certain terms are agreed to.
120MandamusWe command.
121Magna CartaThe great Charter of England, granted by King John is called Magna Carta. “It provides that” no man, shall be taken or imprisoned nor will he pass upon him or condemn him but by lawful judgement.
122MatricideMurder of one’s mother.
123Moot caseLegal case to be discussed on its own, to establish a precedent.
124Next friendPerson who brings an action on behalf of a minor.
125Notary publicLawyer who has the authority to witness and draw up certain documents, and so make them official.
126NovationTransaction in which a new contract is agreed by all parties to replace an existing contract.
127OmdudsmanAn official who investigates complaints by the public against government departments.
128PerjuryMaking false statement on oath.
129ProxyOne who acts for another.
130PalimonyMoney which a court orders a man to pay regularly to a woman with whom he has been living and from whom he has separated.
131PilferTo steal small objects or small amounts of money.
132PlagiarismCopying the text of a work created by someone else and passing it off as your own.
133PlaintiffPerson who starts an action against someone in the civil courts.
134Plea bargainingArrangement where the accused pleads guilty to some charges and the prosecution drop other charges.
135PluralismSystem allowing different political.
136PolygraphLie detector, a machine, which tells if a person is lying by recording physiological changes which take place while the person is being interviewed.
137Power of attorneyOfficial power which gives someone the right to act on someone’s behalf in legal matters.
138PreambleFirst words in an official document.
139PrecedentSomething which has happened earlier than the present, and which can be a guide as to what should be done in the present case.
140PrecludeTo forbid or to prevent.
141Pre-emptionRight to first refusal to purchase something before it is sold to someone else.
142PrerogativeSpecial right, which someone has.
143ProbateLegal acceptance that a document, especially a will, is valid.
144ProrataAt a rate, which changes according to the importance of something.
145ProrogationEnd of a session of parliament
146ProsecuteTo bring to court to answer a criminal charge.
147PurviewGeneral scope of an act of parliament.
148ProrogueAn act of ending of a session. It is the discretion of the President and the Governor.
149Question HourThe list of the business before the House of Legislature is given to the members in advance. Generally, the first hour, of each sitting is “Question Hour”. The Government give replies to the question already sent by the members. The members are entitled to get more information through “Supplementary Question”. The main purpose of the “Question Hour” is to seek information and draw the attention of the Government to issues of public importance. After the “Question Hour, the agenda is taken up”.
150QuorumMinimum number of people who have to be present at a meeting to make it valid.
151Quo warrantoBy what authority.
152Rule of LawMeans that all persons are equal in the eye of law without any distinction of status, colour, caste and sex, and that the government cannot exercise any arbitrary powers.
153RatifyTo approve officially.
154RedeemTo pay back all the principal and interest on a loan or a debt.
155ReferendumType of vote, where a whole population is asked to vote on a single question.
156RepudiateTo refuse to accept.
157RescindTo annual or to cancel.
158RestitutionGiven back, the return which has been illegally obtained.
159SeditionDoing acts or speech tending to bring the government in to hatred or contempt and encourage civil disorder.
160SummonsA writ of a court commanding the attendance of a witness at a specified time and place.
161SeriatimOne after the other in order.
162Snap General ElectionMeans a general election, which is called for suddenly. This happens in a democratic regime when a duly installed majority government finds it difficult to deal with an extraordinary situation and wants the electorate to give a fresh verdict on its programmes and policies.
163Snap PollA snap poll means a sudden election to a legislature held at a short notice before the expiry of its full term. A midterm poll also means the same thing, even if an election is ordered many months after the middle of a legislature’s usual five-year span. But it was the surprise dissolution of the Lok Sabha in 1971 and the election ordered soon afterwards that has given wide currency to the expression “snap poll”.
164StatueEstablished written law, especially an Act of Parliament.
165Splinter GroupQuite often parties have within them certain groups, which can be referred to as splinter groups. They are groups of people who differ from the main body in their approach views or strategy.
166Starred and Unstarred QuestionsWhen asking questions members of Parliament may ask for either oral or written answers. Questions to which oral answers are required are marked with an asterisk, and are known as Starred Question. Questions requiring written replies are unstarred Questions.
167SubpoenaCourt order requiring someone to appear in court.
168SubrogationLegal principle whereby someone stands in the place or another person and acquires that person’s rights and is responsible for that person’s liabilities.
169SueTo take someone to court or to start legal proceedings against someone to get compensation for a wrong.
170SuitCivil legal proceedings or lawsuit.
171SummonTo call someone to come.
172TortCivil wrong done by one person to another and entitling the victim to claim damages.
173TreasonA notifiable offence, the crime of betraying one’s country, usually by helping the enemy in time of war.
174TreatyWritten legal agreement between countries.
175Uncrossed ChequeCheque which may be exchanged for cash anywhere.
176Unliquidated damagesDamages, which are not for a fixed amount of money but are awarded by a court as a matter of discretion.
177VetoBan or order not to allow something to become law, even if it has been passed by a parliament.
178Vice versaReverse position.
179VexatiousAnnoying, done in order to annoy.
180Vote on accountUsually, Vote on account is taken for a sum equivalent to one-sixth of the expenditure for the entire year in respect of demands for grants. As a convention, it is passed by the Lok Sabha without any discussion.
181Vote of no-ConfidenceIt implies that the legislature feels that the Council of Ministers is not working properly and deserves to be removed from office. It has lost the confidence of the legislature. If such a proposal is passed, the Council of Ministers resigns.
182UnicameralHaving only one House in a law making body.
183WarrantA legal document, issued by a competent authority to give power of arrest and detention before trial, seizure of property or search or search of house and buildings.
184WritA written command by the High Court or the Supreme Court directing the State or the court to act or abstain from acting in some way.
185WaiverVoluntraily giving up or removing the conditions.
186WarrantOfficial document from a court, which allows someone to do something.
187White Collar CrimeCrimes committed by business people or office workers.
188WitnessPerson who sees something happen or who is present when something happens.
189WritLegal document, which begins as action in the High court.
190WhipAn important party official, entrusted with the responsibility of organising disciplined voting according to the party directions and ensuring attendance of the party members on a specific occasion.
191White PaperA detailed policy statement issued by a government with regard to a matter of considerable public importance.
192Zero-based BudgetingIt is an improvement over the traditional budgeting and not a substitute of it. It examines critically regularly and systematically the assumptions of the traditional budget. The budgeted item is treated at each year at the zero base level as if it was non-existent in the past.
193Zero HourThe period following the question hour. If generally begins at 12.00 and lasts till 1.00 p.m. Officially, it is used to raise various issues of public importance without prior notification to the minister.
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