LATIN LEGAL TERMS AND PHRASES (कानूनी नियम और वाक्यांश)

 

When we deal with legal matters or start education in law there are basic terms that can help us understand courtroom and legal documents. 

                                                                                      A

 

 Abrogate- To repeal, cancel or annul an agreement.

 

 Abefance- The condition of an inheritance which has no present owner or a state of suspension.

 

Acceptance- The taking and receiving of anything in good faith with the intention of retaining it.

 

Accomplice- A partner in a crime, a person who knowingly and voluntarily participates with another in a criminal activity.

Accretion- The increase or accumulation of land by natural causes, as out of a lake or river.

 Acquittal- A release, absolution or discharge of an obligation or liability. In criminal law the finding of not guilty.

 

Administrative Agencies- Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labour.

 

 

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

 

 

 Adverse - Possession Method of acquiring real property under certain conditions by possession for a statutory period.

 

 Affirmation -A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

 

Ald and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime

 

  Allegation - A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

 

 

 Answers to Interrogatories - A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorised to take acknowledgments.

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Appeal - A proceeding brought to a higher has certain denties of care while the property Naps remains in this possession. Posta court to review a lower court decision.

 

Appearance - The act of coming into court as 4 party to a suit either in person or through an attorney.

 

Appellate Court - A court having jurisdiction Bar Examination A state examination taken by prospective lawyers in order to be admitted and licensed to practice law. Bench the seat occupied by the judge. More

 

Arbitrator- A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

 

Arrest- To take into custody by legal authority.

 

Arbitration-   The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to broadly, the court itself accept.

 

 

 Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

 

Assumption of Risk - A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

 

 

                                                                                  B

 

 

Bail Bond - An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial.

 

Bar -  1. Historically, the partition separating party insuring that court costs will be paid. The general public from the space occupied by the judges, lawyers and other participants in a trial.

 2. More commonly, the term means the who body of lawyers.

 

 Bench Trial -   (Also known as court trial.)  Trial without a jury in which a judge decides the facts.

 

 Bench Warrant- An order issued by a judge for the arrest of a person.

 

Beneficiary - Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.

 

Best Evidence-   Primary evidence; the best evidence available. Evidence short of this is 'secondary'. I.e. an original letter is 'best evidence, and a photocopy is 'secondary evidence'.

 

 Bill of Particulars- A statement of the details of the charge made against the defendant.

 

 Blasphemy-   It consistently attacking religion, God and religions tenets for the purpose of imposing the doctrines to contempt and ridicule.

 

 Bond -  A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

 

 Breach- The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.

 

 Breach of Contract- An unjustified failure to perform when performance is due. Burglary The act of illegal entry with the intent to steal.

 

 Business Bankruptcy-   A proceeding under the bankruptcy code filed by a business entity.  

                                                                             C

Cause of Action- The fact or facts which give a person a right to relief in court.

 

Censure- An official reprimand or condemnation of an attorney.

 

 Certification- Written attestation, authorised declaration verifying that an instrument is a true and correct copy of the original.

 

 Certiorari - A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal.

 

Challenge - An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.

 

Challenge for Cause- A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons.

 

 Change of Venue- Moving a lawsuit or criminal trial to another place for trial.

 

 Charge to the Jury- The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

 

Chief Judge- Presiding or administrative judge in a court.

 

 Civil- Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.

 

 Civil Law-Law based on a series of written codes or laws.

 

 Civil Procedure- The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

 

 Clerk of Court-    Administrator or chief clerical officer of the court.

 

 Code of Professional- The rules of conduct that govern the legal profession responsibility.

 

 Collective Mark-  Trademark or service mark used by members of a cooperative, an association, or other collective group or organisation.

 

Commit-To sends a person to prison, asylum or reformatory by a court order.

 

  Common Law-Also case law. Law established by subject matter heard in earlier cases.

 

 Complaint- The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take, formal written charge that a person has committed a criminal offense.

 

Concurrent Sentences - Sentences for more than one crime that are to be served at the same time, rather than one after the other.

 

 

 Consent- Agreement; voluntary acceptance of the wish of another.

 

 Consideration- The price bargained for and paid for a promise, goods or real estate.

 

Constitutional Law- Law set forth in the Constitution of the United States and the State Constitutions.

 

 Consumer Bankruptcy- A proceeding under the bankruptcy code filed by an individual (or husband and wife) who is not in business.

 

                                   D

 Default Judgement- A judgement entered against a party who fails to appear in court or respond to the charges.

 

 Defendant- The person defending or denying a suit.

 

 Deficient- Incomplete; defective; not sufficient in quantity or force.

 Deposition-Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.

 

Direct Evidence- Proof of facts by witnesses who saw acts done or heard words spoken.

 

Direct Examination- The first questioning of witnesses by the party on whose behalf they are called.

 

Dissent to Disagree- An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

 

Dissolution- The termination; process of dissolving or winding up something.

 

Diversity of Citizenship- The condition when the party on one side of a lawsuit is a citizen of one state and the other party is a citizen of another state; such cases are under the jurisdiction of federal courts.

 

Docket Control- A system for keeping track of deadlines and court dates for both litigation and non-litigation matters.

 

Double Jeopardy- Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution.

 

                                                                            E

-Entity-  A person or legally recognised organisation.

 

Entry- A statement of conclusion reached by the court and placed in the court record.

 

Equal- Protection of the Law guarantee in the Fourteenth Amendment to the US Constitution that all persons be treated equally by the law.

 

Escheat- The process by which a deceased person's property goes to the state if no heir can be found.

Exceptions- Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

 

Exclusionary- Rule the rule preventing illegally obtained evidence to be used in any trial.

 

Exempt Property- All the property of a debtor which is not attachable under the bankruptcy code or the state statute. Exhibit A document or other item introduced as evidence during a trial or hearing.

 

                                                                                        F

 

 Family Law- Those areas of the law pertaining to families, i.e. marriage, divorce, child custody, juvenile, paternity etc.

 

Finding- Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

 

 Food and Drug Agency (FD)-  A federal agency which sets safety and quality standards for administration food, drugs, cosmetics and household substances.

 

Foreclosure- A court proceeding upon default in a mortgage to vest title in the mortgagee..

 

Fraud- A false representation of a matter of fact which is intended to deceive another.

 

 

                                                                     G

 

General Jurisdiction- Refers to courts that have no limit on the types of criminal and civil cases they may hear.

 

Good Time- A reduction in sentenced time in prison as a reward for good behaviour. It usually is one third to one half of the maximum sentence.

 

Grievance- In labour law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice or wrong which gives ground for complaint.

 

Guardian- A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.

 

                                                                        H

 

Habeas Corpus -The name of a writ having for its object to bring a person before a court.

 

Harmless Error An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

 

Hearing- A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.

 

Hearsay- Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

 

Hostile Witness- A witness whose testimony is not favourable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

 

Hung Jury- A jury whose members cannot agree upon a verdict.

 

                                                                                 I

 

Impeachment of a Witness- An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

 

Implied Contract- A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company.

 

Inadmissible- That which, under the rules of evidence, cannot be admitted or received as evidence.

 

Incapacity- Lack of legal ability to act; disability, incompetence; lack of adequate power.

 

Incompetent- One who lacks ability, legal qualification, or fitness to manage his own affairs.

 

Information- Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.

 

Intangible Assets- Non-physical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.

 

Intentional Tort- Wrong perpetrated by one who intends to break the law.

 

                                                                          J

 

Joint Tenancy- A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

 

Judge- A presiding officer of the court.

 

Judgement- The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

 

Judiciary- The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; then bench.

 

Jurisdiction- The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.

 

Jurisprudence- The study of law and the structure of the legal system.

 

Jury- A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.

 

 Justiciable- Issues and claims capable of being properly examined in court.

 

                                                                           L

 

Legal Aid- Professional legal services available usually to persons or organisations unable to afford such services.

 

Legal Process- A formal paper that is legally valid; something issuing from the court, usually a command such as a writ of mandate.

 

Legislation- The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws.

 

Legitimate- That which is legal, lawful, recognised by law or according to law.

 

Letters Testamentary- Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

 

Lien- An encumbrance or legal burden upon property.

 

Limited Jurisdiction- Refers to courts that are limited in the types of criminal and civil cases they may hear. E.g. traffic violations generally are heard by limited jurisdiction courts.

 

Litigant- A party to a lawsuit.

 

Litigation -A lawsuit; a legal action, including all proceedings therein.

 

                                                                       M

 

Merger- The absorption of one thing or right into another.

 

Minor - A person under the age of legal competence.

 

Mistrial- An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

 

Mitigating- Circumstances those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

 

Mitigation- A reduction, abatement, or diminution of a penalty or punishment imposed by law.

 

Murder- The unlawful killing of a human being with deliberate intent to kill:

(1) murder in the first degree is characterised by premeditation;

(2) murder in the second degree is characterised by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

 

Mutual Assent- A meeting of the minds; agreement.

 

                                                                                N

 

No-Contest Clause-- Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

 

No-Fault Proceedings- A civil case in which parties may resolve their dispute without a formal finding of error or fault.

 

Nonfeasance-  Non-performance of an act which should be performed; omission to perform a required duty or total neglect of duty.

 

Nonjury Trial-  Trial before the court but without a jury.

 

Notary Public-  A public officer whose function it is to administer oaths, to attest and certify documents and to take acknowledgements.

 

Notice- Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

 

Notice to Creditors - A notice given by the bankruptcy court to all creditors of a meeting of creditors.

 

Nuncupative Will- An oral (unwritten) will.

 

                                                                            O

 

Oath-  A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

 

Objection- The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

 

Official Reports- The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.

 

Order- A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

 

Ordinance- A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality etc.

 

                                                                         P

 

Paralegal- Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.

 

Pardon - An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.

 

Parol Evidence- Oral or verbal evidence; evidence given by word of mouth in court.

 

Parole- Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.

 

Patent and Trademark Office- The federal agency which examines and issues patents and registers trademarks.

 

Permanent Injunction- A court orders requiring that some action be taken or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

 

Per Se Doctrine- Under this doctrine, an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.

 

Plea Bargaining-  Process where the accused and the prosecutor a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.

 

Pleadings-  The written statements of fact and law filed by the parties to a lawsuit.

 

Post-Trial Refers to items happening after the trial, i.e. post-trial motions or discovery. post-trial

 

                                                                        Q

Quash- To vacate or void a summons, subpoena etc.

 

Quasi-Contract - An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.

 

Quitclaim Deed- A deed without warranty of title which passes whatever title the grantor has to another.

 

                                                                        R

Real Property- Land, buildings, and whatever is attached or affixed to the land. Generally, synonymous with the words 'real estate'.

 

Rebut- Evidence disproving other evidence previously given or re-establishing the credibility of challenged evidence.

 

Recognizance - An obligation entered into before a court whereby the recogniser acknowledges that he will do a specific act required by law.

 

Rehearing - Another hearing of a civil or criminal case by the same court in which the case was originally heard.

 

Rejoinder- Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.

 

Replevin- An action for the recovery of a possession that has been wrongfully taken. Rescission the unmaking or undoing of a contract; repeal.

 

Resolution- The formal adoption of a motion. Respondent the person against whom an appeal is taken.

 

Restitution- Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

 

Retainer- Act of the client in employing the attorney or counsel and also denotes the fee which the client pays when he or she retains the attorney to act for them.

 

Return- A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

 

Reverse- An action of a higher court in setting aside or revoking a lower court decision.

 

Reversible Error- A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgement of a lower court.

 

                                                                           S

 

Small Claims Court- A State Court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

 

Social Security-  A system of federal old-age pensions for employed persons begun in 1935. A portion of the payment is deducted from the employee's salary and an equal portion is contributed by the employer.

 

Sovereign Immunity-  The doctrine that the Government, State or Federal, is immune to lawsuit unless it give its consent.

 

Status Offenders-  Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school or having committed other acts that would not be a crime if committed by an adult, i.e. smoking. Also referred to as minors or children in need of supervision.

 

Statute- Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

 

Statute of Frauds- A statutory requirement that certain contracts must be in writing. Statutory relating to a statute; created or defined by a law.

 

Statutory Law - Laws promulgated by Congress and State Legislatures. Stay A court order halting a judicial proceeding.

 

Stipulation- An agreement between the parties involved in a suit regulating matters incidental to trial. Subpoena A command to appear at a certain time and place to give testimony upon a certain matter.

 

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

 

Substantive Law - The statutory or written law that governs rights and obligations of those who are subject to it.

 

                                                                                  T

Taxable Income The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.

 

Temporary Relief - Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

 

Temporary Restraining Order - An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

 

Tender of Performance - An offer or attempt to do what is required under a contract or under the law.

 

Testamentary Capacity-  The legal ability to make a will.

 

Testamentary Trust - A trust set-up by a will.

 

Testator - Person who makes a will (Female: testatrix).

 

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

 

Third Party Complaint- A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.

 

 

                                 U

 

United States Court of Appeals- Courts which hear appeals from federal district courts, bankruptcy courts and tax courts.

 

United States Court of Claims - Court which hears actions against the US Government.

 

United States Court of Customs and Patent Appeals - Court which hears appeals from all US customs courts.

 

United States Court of International Trade Court - This hears cases concerning federal tariff laws. United States Reports Publication of court decisions of the United States Supreme Court.

 

United States Supreme Court - The highest court in the land, established by US Constitution.

 

Unlawful Detainer-  A detention of real estate without the consent of the owner or other person entitled to its possession.

 

Unliquidated Debt - Remaining not determined; unassessed or unsettled; in dispute as to the proper amount.

 

Unsecured Debts - In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment.

 

                                                                                V

 

Venue-  The proper or most convenint location for trial of a case.

 

Verdict - The decision of a jury after a trial, which must be accepted by the trail judge to be final. A judgement by a judge sitting without a jury is not a verdict.

 

Verification- The declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document.

 

Vest - To give an absolute right to title or ownership, including real property and pension right.

 

Vested- Referring to having an absolute right or title, when previously the holder of the right or title only had an expectation. E.g. after 20 years of employment Akbar Khan's pension rights are now vested.

 

Vested Remainder- The absolute right to receive title after a presently existing interest in real property terminates. A 'vested remainder' is created by deed or by a decree of distribution of an estate given by will.

 

Vexatious Litigation - Filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother, annoy, embarrass and cause legal expenses to the defendant.

 

Vicarious Liability - Sometimes called 'imputed liability,' attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution.

 

Vigilante-  Someone who takes the law into his/her own hands by trying and/or punishing another person without any legal authority. A mother who shoots the alleged molester of her child is a vigilante.

 

Void- Referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgement found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgement is void.

 

                                                                          W                                                        

 

Waiver- The intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right).

 

Wanton- 1. Grossly negligent to the extent of being recklessly unconcerned with the safety of people or property. E.g. speeding by a school while it is letting out students of firing a shotgun in a public park.

2. Sexually immoral and unrestrained.

 

Ward- A person (usually a minor) who has a guardian appointed by the court to care for and take responsibility for that person.

 

Warrant-  An order (writ) of a court which directs a law enforcement officer, to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court.

 

Warranty- A written statement of good quality of merchandise, clear title to real estate or that a fact stated in a contract is true. An 'express warranty' is a definite written statement and 'implied warranty' is based on the circumstances surrounding the sale or the creation of the contracts

 

Warranty Deed - A deed to real property which guarantees that the seller owns clear title which can be transferred (conveyed). A 'grant deed' generally is a warranty deed, while a 'quitclaim deed' is not.

 

Waste -  1.  Any damage to real property by a tenant lessens its value to the landlord, owner or future owner. An owner can sue for damages for waste, terminate a lease of one committing waste and/or obtain an injunction against further waste.

 2. Garbage, which may include poisonous effluents.

 

Watered Stock -   Shares of stock of a corporation that have been issued at a price far greater than true value. In this case, the actual value of all shares is less than the value carried on the books of the corporation.’