Legal Terms Part (O-Z)

Table of Contents
1. O
2. P
3. Q
4. R
5. S
6. T
7. U
8. V
9. W
10. Z
11. Passage for Practice
View more

O

Obiter dicta

(Latin: sayings by the way) Observations made by a judge on questions of law or fact that are not essential to the decision in the case. Such remarks do not form part of the binding ratio decidendi and therefore are not authoritative in the doctrine of stare decisis. Obiter dicta may be persuasive but are not binding on later courts.

Offer

Definite proposal by one person (the offeror) to another (the offeree) indicating a willingness to enter into a contract on specified terms. Acceptance of a valid offer creates a binding contract. An offer may be express (spoken or written) or implied (inferred from conduct). An offer should be distinguished from an invitation to treat (for example, an advertisement or a price list), which merely invites offers from others and is not itself an offer.

Order

Formal written direction issued by a court. Orders may be interlocutory (interim) or final. Once a final order is pronounced, it can be corrected only for accidental slips or clerical errors; substantive amendments require a proper appeal or review procedure. Orders direct parties to do or refrain from doing certain acts and form part of the court's disposition of a dispute.

P

Pari passu

(Latin: with equal step) Describes equal ranking among creditors or claimants such that assets or distributions are made proportionately and without preference among those similarly situated.

Partition

Division of jointly owned property (commonly land) among co-owners so that each obtains a distinct share or portion. Partition can be by physical division or by sale with division of proceeds, subject to statutory and contractual rules.

Partnership

Relationship arising where two or more persons carry on a business with the intention of sharing profits. Partners owe mutual duties, may be jointly and severally liable for the firm's obligations, and operate under the terms of a partnership agreement or, in its absence, statutory partnership rules.

Patent

Exclusive right granted to an inventor to make, use or sell an invention for a limited period in return for public disclosure of the invention. Patents are subject to statutory requirements (novelty, inventive step, industrial applicability) and typically require periodic fees to maintain.

Payee

Person to whom payment is to be made under a bill of exchange, cheque or negotiable instrument. On a cheque, the payee is the person named after "pay to the order of".

Payor

Person who makes payment under a cheque, bill of exchange, or other instrument.

Pendente lite

(Latin: during litigation) Describes measures or appointments made by a court while proceedings are pending-e.g., appointment of an administrator pendente lite to protect assets until the outcome of a dispute is decided.

Perjury

Wilful making of a false statement under oath or in a sworn affidavit, when the falsehood is material to the proceeding. Perjury is a serious criminal offence in most jurisdictions.

Perpetuity

Duration that is unlimited or indefinite. The law generally disfavors restraints that last forever because they impede the free circulation of property. The classical rule against perpetuities invalidates future interests in property that may vest beyond the allowable perpetuity period (commonly phrased as a life in being plus 21 years). Instruments attempting to create interests that could vest outside that period are void to the extent of the violation.

Petition

Formal written application to a court or tribunal asking for relief or specific action. A petition sets out relevant facts, legal grounds, and the remedy sought, and is commonly used to commence proceedings in areas such as insolvency, family law, administrative review and disciplinary proceedings.

Picket

Peaceful public demonstration, often by workers outside an employer's premises, in relation to an industrial or trade dispute. Picketing must remain non-violent; threatening or abusive conduct may be unlawful.

Plaintiff

Person or entity who initiates a legal action in a civil court (also called the petitioner or claimant). The party against whom the action is brought is the defendant or respondent.

Pleadings

Formal written statements filed by parties in litigation that set out the material facts, claims and defences. Typical documents include statements of claim, defences, counterclaims and replies. Pleadings define the issues for trial and frame the parties' contentions.

Power of attorney: Document (often executed under seal) authorising a person (the agent or attorney) to act on behalf of another in defined or general matters. Powers of attorney may be limited to specific transactions or confer broad decision-making authority.

Precedent

Judicial decision cited as an authoritative rule for deciding later cases with similar facts. A binding precedent arises when a higher court's decision establishes a principle that lower courts must follow. Distinctions are drawn between the binding ratio decidendi (the legal reasoning essential to the decision) and obiter dicta (persuasive but non-binding remarks).

Prescription

Acquisition of rights (for example an easement) or loss of rights by long and continuous use. Historically governed in some jurisdictions by statutes such as the 1832 Prescription Act; related doctrines in other systems include adverse possession and statutory limitation periods which set the duration required to establish rights by long use.

Prima facie

(Latin: at first sight) Describes evidence or a case that, unless rebutted, is sufficient on its face to establish a fact or entitlement. If a claimant fails to establish a prima facie case at an early stage, the court may dismiss the claim without further hearing.

Private law

Branch of law governing relationships between private individuals or organisations-examples include contract law, tort law, family law and property law. The State is not a litigating party in matters of private law except where it acts in a private capacity.

Privilege

Special legal immunity or right. Examples include legal professional privilege (confidential communications with lawyers) and certain statutory privileges allowing publication of court reports without liability for defamation. Privileges may limit disclosure or exempt persons from obligations that others face.

Pro rata

(Latin: in proportion) Allocation or division proportionately according to a specified rate or share. For instance, dividends distributed pro rata among shareholders are allocated in proportion to each shareholder's holding.

Pro tempore (pro tem)

(Latin: for the time) Temporary or for the time being; used to describe interim appointments or temporary measures.

Probate law

Area of law dealing with wills, administration of estates and related matters when a person dies. Probate procedures determine the validity of wills and the distribution of the deceased's property.

Prohibition

Legal restraint or an order forbidding certain conduct or use of property. Courts may grant prohibitory relief where appropriate.

Promissory note

Unconditional written promise, signed by the maker, to pay a specified sum to a named person or bearer on demand or at a future date. It differs from a bill of exchange, which is an order to pay by one party to another.

Property

Collection of legal rights in relation to things (tangible and intangible). Property is commonly classified into real (immovable) property such as land and buildings, and personal (movable) property such as goods or chattels. Property may also be public or private and is enforceable against others by legal remedies.

Prospectus

Document issued by a company when inviting the public to subscribe to shares or bonds. It must disclose material information including the company's capital, directors, subscription details and the terms attached to different classes of securities.

Proxy

Person authorised to act or vote on behalf of another, commonly used at company meetings where shareholders may appoint a proxy to exercise voting rights in their place. Shareholders may give specific voting directions to their proxy.

Punitive damages

Exceptional damages awarded to punish a defendant for particularly egregious, malicious or reckless conduct, and to deter similar conduct. Also called exemplary damages, they are distinct from compensatory damages which are intended to make good the plaintiff's loss.

Q

Quantum

(Latin: amount or extent) Commonly used to refer to the amount of damages or the measure of a legal entitlement.

Quid pro quo

(Latin: something for something) Exchange or consideration given in return for something else. In contract law, a quid pro quo is essential for consideration.

Quo warranto

(Latin: by what authority) Writ or judicial proceeding that challenges a person's right to hold a public office or exercise authority, asking by what warrant they act.

Quorum

(Latin: of whom) Minimum number of members required to be present at a meeting to validly transact business. Decisions taken without a quorum are generally invalid.

R

Redemption

Repayment of a secured loan (for example, a mortgage), after which the borrower's legal and equitable titles merge and the security interest is discharged.

Rent

Consideration paid by a tenant to a landlord for the exclusive use and possession of land, premises or part of a building, typically payable at regular intervals. Rent may also be non-monetary (e.g., services in kind); a peppercorn rent is a nominal sum acknowledging the tenancy.

Res ipsa loquitur

(Latin: the thing speaks for itself) Doctrine allowing a presumption of negligence when the nature of an accident is such that it ordinarily would not occur without negligence and the defendant had control of the instrumentality causing harm. The presumption can be rebutted by evidence to the contrary.

Reserved judgment

Decision that a judge promises to deliver at a later date after hearing submissions and considering the evidence.

Respondent

Person against whom a petition, appeal or summons is brought; the party who must answer the proceedings.

Riparian rights

Rights of landowners whose land borders a river or stream, typically including reasonable access to and use of water for domestic purposes, and rights to prevent unlawful diversion, obstruction or pollution of the watercourse.

S

Sanction

Depending on context, to approve or ratify a measure, or to punish or impose a penalty for non-compliance. The term's meaning is determined by statutory or procedural context.

Senior counsel

Senior advocate who has been appointed to a higher rank in recognition of experience and ability (often described as "taking silk" or being called to the Inner Bar in common-law jurisdictions).

Sequestration

Temporary seizure or attachment of property by court order, commonly used to compel obedience to an earlier order or to preserve assets pending resolution of proceedings.

Service

Formal delivery of court process and documents to a party in litigation, either personally or by authorised means (mail, publication or electronic methods where permitted). Proper service is necessary to establish jurisdiction and to afford procedural fairness.

Solicitor

Type of lawyer (often dealing directly with clients) who handles legal advice, preparation of documents and may instruct barristers or advocates in litigation, depending on the jurisdictional division of roles.

Special Criminal Court

Non-jury court constituted to try offences of a particular character (for example, terrorism-related offences) where jury trial is ruled inappropriate for public policy or safety reasons.

Stare decisis

(Latin: to stand by decisions) Judicial policy that under like conditions courts should follow previously decided cases (precedent). It promotes legal certainty by binding lower courts to follow legal principles established by higher courts.

Strict liability

Form of liability in tort where fault, negligence or mens rea need not be proved. Liability arises from the nature of the act or the circumstances (for example, keeping dangerous substances) regardless of intent.

Sub judice

(Latin: under trial) Describes matters that are under judicial consideration. Public commentary or actions that may interfere with judicial process while a matter is sub judice can amount to contempt.

Subpoena

(Latin: under penalty) Court order requiring a person to attend and give evidence or to produce documents, under the risk of penalty for non-compliance.

Subrogation

Legal substitution by operation of law where one person is placed in the position of another with respect to a right or claim-for example, an insurer stepping into the shoes of the insured after paying a loss and thereby acquiring the insured's rights against third parties.

Successor

Person who succeeds to rights, property or obligations of another, whether by operation of law, by contract or by inheritance.

Sui juris

(Latin: of his own right) Person who has full legal capacity to act for themselves and is not under legal incapacity such as guardianship, minority or insolvency.

Summons

Formal written order summoning a person to appear before a court or tribunal.

Supreme Court

Final court of appeal in many jurisdictions. It generally decides important questions of law or procedure and its rulings bind lower courts. Supreme Courts rarely overturn findings of fact unless they are perverse or unsupported by evidence.

Surety

Person who undertakes, typically by deed, to be answerable for another's obligation (such as repayment of a loan or appearance at court) and may be liable if the principal fails to perform.

T

Tenant

Person granted exclusive use and possession of land or premises by the landlord under a lease, usually in return for rent. Tenancies are governed by the lease terms and applicable tenant-landlord law.

Tenancy in common

Form of co-ownership where each tenant holds an individual, possibly unequal, share in property. On death, a tenant's share passes according to their will or intestacy rules, not automatically to the surviving co-owner.

Tender

Unconditional offer to perform an obligation under a contract, such as offering to pay a debt. A valid tender, if refused, may discharge the offeror from further liability in certain circumstances.

Tenure

Right to hold or occupy land, office or position for a specified period or under specified conditions; often used in relation to employment or landholding arrangements.

Testator

Person who makes a valid will before death.

Testimony

Oral evidence given under oath in court or in a deposition.

Tort

Civil wrong, other than breach of contract, for which the law provides a remedy in damages or injunction. Typical torts include negligence, nuisance, defamation, trespass and false imprisonment.

Tortfeasor

Person who commits a tort and is liable for the resulting harm or loss.

Tracing

Equitable process by which a claimant follows the proceeds or substitutions of misappropriated property into the hands of third parties so as to recover the property or its value. Recovery may be restricted where a purchaser takes the property for value without notice of the claimant's rights.

Transferee

Person who receives property or rights by transfer.

Transferor

Person who transfers property or rights to another.

Trespass

Unlawful and direct interference with another person or their property. Trespass to land is actionable per se-damages need not be proved for the wrong to be actionable.

Trust

Equitable arrangement where a settlor transfers property to a trustee to hold and manage for the benefit of one or more beneficiaries. Trusts may arise by will (testamentary trusts) or during the settlor's life (inter vivos or living trusts).

Trustee

Person who holds and administers trust property for the benefit of beneficiaries, subject to fiduciary duties such as prudence, loyalty and impartiality. Trustees may recover reasonable administration expenses but must account for trust profits to beneficiaries.

U

Ultra vires

(Latin: beyond the powers) Acts or transactions beyond the legal authority granted to a person or organisation (for example, a company acting beyond the objects in its memorandum). Ultra vires acts may be void or voidable depending on jurisdiction and statutory provisions.

Undertaking

Enforceable promise or pledge given to a court, compliance with which is binding and may attract sanctions for breach.

Undue influence

Improper pressure exerted on a person to alter their freedom of choice so as to induce them to enter into a transaction; a contract entered into as a result of undue influence may be set aside.

Unjust enrichment

When one person benefits at another's expense in circumstances the law regards as unjust. A claimant seeking restitution for unjust enrichment must usually show the defendant's enrichment, the claimant's corresponding loss, and absence of a legal basis for the enrichment.

Usury

Charging excessive or unlawful interest on loans, often prohibited by statute or regulated by caps on interest rates.

V

Verdict

Decision of a jury on the facts of a case. In criminal trials the verdict will ordinarily be guilty or not guilty; in civil trials the verdict determines which party is entitled to judgment, often requiring a specified majority of jurors depending on jurisdiction.

Vicarious liability

Legal responsibility for the wrongful acts of another based on a special relationship (for example, employer-employee). The person held vicariously liable may not have personally committed the wrong but is liable because of the relationship.

Void

Without legal effect. A void document or transaction is treated as a nullity and confers no rights; for example, contracts in restraint of lawful trade or certain marriages entered into in contravention of statutory provisions may be void.

Voidable

Defectively valid until avoided. A voidable contract is capable of being affirmed or set aside at the election of the innocent party (for example, contracts entered under duress or undue influence).

W

Waiver

Voluntary relinquishment or abandonment of a known right or claim. Waiver may be express or inferred from conduct; it is not always required to be in writing unless statute or contract requires it.

Z

Zero Hour

Period in the legislative calendar when members of a legislature may raise matters of urgent public importance without prior notice. It commonly provides an opportunity for short, spontaneous interventions to bring attention to pressing issues.

Passage for Practice

There are some advantages of the Digital Personal Data Protection Act (DPDPA), 2023. For instance, for the first time, personal data belonging to or identifying children will have to be classified separately, with such data carrying a greater degree of security and privacy. The law also seeks to reduce the rate and impact of data breaches targeting Indian businesses. The Digital Personal Data Protection law, however, goes a step beyond by imposing penalties for cases where data is breached as a result of a lack of implementation of adequate security controls. However, it could be said that the law isn't balanced, because it provides wide exemptions to the processing of personal data to the government. For instance, data can be processed "in the interest of prevention, detection, investigation or prosecution of any offence ... in India." These kinds of exemptions are dangerous as they stand to legitimise widespread and unwarranted collection of data under the guise that such collection and processing may ultimately be useful for preventing or deterring a crime.

Security agencies will have significant authority to collect and retain any data whatsoever, as is typically the case with exemptions relating to the maintenance of sovereignty, integrity, security of the state, preservation of public order, prevention of offences, and incitement to commit offences. The law also exempts processing of personal data held outside of India. The government is also exempt from being required to delete any data that it possesses, regardless of the purpose it may have been collected for, on the request of an individual, or by way of a prescribed data retention period.

The government is not bound by purpose limitations, allowing data collected for one specified purpose be used for a new, incompatible purpose, which stands in contrast to the regulations imposed on businesses.

[Extracted, with edits and revisions from "Digital Personal Data Protection Law Raises Questions About Consistency with Right to Privacy Ruling" published in The Wire dated 22-08-2023]

Q1. Mr. Lal is suffering from a rare disease, and the government has collected data related to his condition. The Digital Personal Data Protection Act (DPDPA), 2023 allows exemptions for processing data classified as "necessary for research, archiving, or statistical purposes," provided that the data is not used to make decisions specific to the individual and is processed in compliance with prescribed standards.
Which statement is most appropriate?
(a) The government can retain Mr. Lal's personal data until research on the rare disease is completed.
(b) The data can only be used for making decisions about Mr. Lal.
(c) Private hospitals can keep Mr. Lal's health data permanently and use it for research without his consent.
(d) All of the above.

Q2. The DPDPA, 2023 provides exemptions for processing personal data to determine the financial status of individuals who default on loan repayments to nationalized banks. If Mr. X defaults on repaying a loan,
which of the following actions is appropriate?
(a) The bank can access and use Mr. X's personal data, including family medical history.
(b) The bank can process Mr. X's family details, such as information about his spouse, children, and relatives.
(c) The bank can use Mr. X's data to assess his financial assets and liabilities.
(d) All of the above.

Q3. Mr. Y, an Indian citizen, has been working for an MNC in New Zealand since 2021. The company collected his personal data for enforcing an indemnity bond if he left the company within three years of joining.
Which of the following is correct?
(a) Mr. Y can file a case in India for protecting his personal data under the DPDPA if he leaves the job in September 2023 and returns to India.
(b) As an Indian citizen, Mr. Y can seek protection under the DPDPA against data misuse by the MNC while living in New Zealand.
(c) The DPDPA does not apply because the data is held outside India.
(d) The DPDPA does not apply because the data was collected before the law was enacted.

Q4. Personal data refers to information about an individual that can identify them or relate to them.
Which of the following qualifies as personal data?
(a) A person's name.
(b) Their complete residential address.
(c) Their Aadhar number.
(d) All of the above.

Q5. What does the term "Purpose Limitations" refer to in the context of the Digital Personal Data Protection Act (DPDPA), 2023?
(a)The restriction that personal data can only be collected for a specific, predefined purpose.
(b)A rule that personal data cannot be retained for more than a specific time period.
(c)The condition that data collected for one purpose cannot be used for a different, incompatible purpose.
(d)A guideline for classifying data into sensitive and non-sensitive categories.