Legal terms

agency

In law, a relationship in which one party (the agent) acts on behalf of and under the
control of another (the principal) in dealing with third parties. It has its roots in ancient
servant-master relations. Agency becomes a legal issue when the agent injures or
wrongs a third party. In Anglo-American law, principals are bound by and liable for the
acts of such agents as stockbrokers, business agents, contractors, real-estate agents,
lawyers, union representatives, managing partners, and private detectives. See also
regulatory agency.

Agreement

n.
1.The act of agreeing.
2.Harmony of opinion; accord.
3.An arrangement between parties regarding a course of action; a covenant.
4.Law.
a.A properly executed and legally binding contract.
b.The writing or document embodying this contract.
5.Grammar. Correspondence in gender, number, case, or person between words.
6.A meeting of minds.
7.A legally enforceable promise or promises between two or among several persons.

audi alteram partem

Audi alteram partem (or audiatur et altera pars) is a Latin phrase that means, literally,
hear the other side.It is most often used to refer to the principle that no person should
be judged without a fair hearing in which each party is given the opportunity to respond
to the evidence against him.

"Audi alteram partem" is considered a principle of fundamental justice or equity in most

legal systems. The principle includes the rights of a party or his lawyers to confront the
witnesses against him, to have a fair opportunity to challenge the evidence presented
by the other party, to summon one's own witnesses and to present evidence, and to
have counsel, if necessary at public expense, in order to make one's case properly.

Bail

Temporary release of a prisoner in exchange for security given to guarantee the

prisoner's appearance at a later hearing. It also refers to the actual security given (e.g.,
cash). Its main use today is to secure the freedom, pending trial, of someone arrested
and charged with a criminal offense. Its use in civil (noncriminal) cases is far less
common, as most do not involve imprisonment. The amount of bail is generally set in
relation to the gravity of the offense, though other factors, such as the strength of the
evidence, the character of the accused, and the accused's ability to secure bail may also
be considered. See also bond, recognizance

When a person has been arrested and charged with the commission of a crime, there is
inevitably an interval of time before trial. Bail relates to the defendant's right to
freedom during this interval. It involves a pledge of money, property, or a “signature
bond” as security that one will be available for trial when requested to appear. Failure
of the defendant to appear may result in the forfeiture of the bail. The person who puts
up the money is also known as the bail.

Bailable (adj.)
1.Eligible for bail: a bailable defendant.
2.Allowing or admitting of bail: a bailable offense.

The adjective has 2 meanings:

Meaning #1: admitting of bail

Meaning #2: eligible for bail

Bailment
n.
1.The process of providing bail for an accused person.
2.The act of delivering goods or personal property to another in trust.

Bailment also means-The transfer of possession of something (by the bailor) to another
person (called the bailee) for some temporary purpose (eg. storage) after which the
property is either returned to the bailor or otherwise disposed of in accordance with the
contract of bailment.

Contract

A promise, or set of promises, for breach of which the law gives a remedy, or the
performance of which the law in some way recognizes as a duty.

An agreement between two or more parties, especially one that is written and
enforceable by law.

Like-The contract was signed by both parties after they agreed on the terms.
Culpable homicide (also known as negligent homicide) is a specific offence in various
jurisdictions which generally involves the unlawful killing of another with (in most
relevant jurisdictions, but not all) an absence of an intention to kill. The term is also
used in some other jurisdictions as an official description for the general group of
offences involving the unlawful killing of a human being.

India
The offences include causing death whether by intention or not.

Culpable Homicide is an offence under s.299 of the Indian Penal Code (IPC), defined as :-
"Whoever causes death by doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause death, or with the knowledge
that he is likely by such act to cause death, commits the offence of culpable homicide."

Culpable Homicide not Amounting to Murder is an offence under s.304 of the Indian
Penal Code. It applies to an event where the death is intentional but does not come
within the IPC definition of Murder.

Decree

IN BRIEF: n. - A legally binding command or decision entered on the court record (as if
issued by a court or judge) v. - Decide with authority; Issue a binding command.

A judgment of a court that announces the legal consequences of the facts found in a
case and orders that the court's decision be carried out. It is a declaration of the court
announcing the legal consequences of the facts found.
For example- A divorce decree sets out the conclusions of the court relating to the facts
asserted as grounds for the divorce, and it subsequently dissolves the marriage.
Decree is sometimes used interchangeably with determination and order.

Defamation

In law, issuance of false statements about a person that injure his reputation or that
deter others from associating with him.
Libel and slander are the legal subcategories of defamation.

Libel is defamation in print, pictures, or any other visual symbols. A libel plaintiff must
generally establish that the alleged libel refers to him or her specifically, that it was
published to others (third parties), and that some injury occurred as a result.

Slander is defamation by oral communication. An action for slander may be brought

without alleging and proving special injury if the statement has a plainly harmful
character, as by imputing to the plaintiff criminal guilt, serious sexual misconduct, or a
characteristic negatively affecting his business or profession. The defense in defamation
cases often takes the form of seeking to establish the truth of the statements in
question.

FIR
The expression ‘FIR’ is the abbreviated form of First Information Report. It is the
information given to a police officer in the form of a complaint or accusation regarding
the commission of or suspected commission of a cognizable offence. FIR is the
information which is given to the police first in point of time on the basis of which the
police may select ad record as First Information [AIR 1975 SC 1453].
FIR is the first step of Criminal Procedure that leads to the trial and punishment of a
criminal. It is also the most important supportive evidence on which the entire structure
of the prosecution of the case is built up.
Execution
n.
1.
a.The act of executing something.
b.The state of being executed.
2.The manner, style, or result of performance: The plan was sound; its execution, faulty.
3.The act or an instance of putting to death or being put to death as a lawful penalty.
4.Law.
a.The carrying into effect of a court judgment.
b.A writ empowering an officer to enforce a judgment.
c.Validation of a legal document by the performance of all necessary formalities.
5.Archaic. Effective, punitive, or destructive action.

The carrying out of some act or course of conduct to its completion. In criminal law, the
carrying out of a death sentence.

The process whereby an official, usually a sheriff, is directed by an appropriate judicial

writ to seize and sell as much of a debtor's nonexempt property as is necessary to satisfy
a court's monetary judgment.

Fraud
n.
1.A deception deliberately practiced in order to secure unfair or unlawful gain.
2.A piece of trickery; a trick.
3.
a.One that defrauds; a cheat.
b.One who assumes a false pose; an impostor.
In law, the deliberate misrepresentation of fact for the purpose of depriving someone of
a valuable possession or legal right. Any omission or concealment that is injurious to
another or that allows a person to take unconscionable advantage of another may
constitute criminal fraud. The most common type of fraud is the obtaining of property
by giving a check for which there are insufficient funds in the signer's account. Another
is the assumption of someone else's or a fictitious identity with the intent to deceive.
Also important are mail and wire fraud (fraud committed by use of the postal service or
electronic devices, such as telephones or computers). A tort action based on fraud is
sometimes referred to as an action of deceit.

A false representation of a matter of fact — whether by words or by conduct, by false or

misleading allegations, or by concealment of what should have been disclosed — that
deceives and is intended to deceive another so that the individual will act upon it to her
or his legal injury.

Guardian

A person lawfully invested with the power, and charged with the obligation, of taking
care of and managing the property and rights of a person who, because of age,
understanding, or self-control, is considered incapable of administering his or her own
affairs.

Genocide
n.
The systematic and widespread extermination or attempted extermination of an entire
national, racial, religious, or ethnic group.

Genocide (from Gr.: genos, people or race, and Lat.: caedere, to kill) is the systematic
attempt to destroy and/or eradicate an ethnic, national, racial, or religious group. The
expression was first coined by the Polish writer Raphael Lemkin in 1944, in his account
of the Nazi occupation of eastern Europe.

*The annihilation of a racial, ethnic, political, or religious group or its destruction to the
extent that it no longer exists as a group.

Homicide is the act of one human killing another. A homicide requires only
a volitional act by another person that results in death, and thus a homicide may result
from accidental, reckless, or negligent acts even if there is no intent to cause hharm.
omicides can be divided into many overlapping legal categories,
including murder, manslaughter, justifiable homicide, killing in war (either following
the laws of war or as a war crime), euthanasia, and capital punishment, depending on
the circumstances of the death. These different types of homicides are often treated
very differently in human societies; some are considered crimes, while others are
permitted or even ordered by the legal system.

Guarantee
n.
1.Something that assures a particular outcome or condition: Lack of interest is a
guarantee of failure.
2.
a.A promise or an assurance, especially one given in writing, that attests to the quality
or durability of a product or service.
b.A pledge that something will be performed in a specified manner.
3.
a.A guaranty by which one person assumes responsibility for paying another's debts or
fulfilling another's responsibilities.
b.A guaranty for the execution, completion, or existence of something.
Indemnity means compensation in money or property for a loss suffered. It also means
a contract to save another from the legal consequences of the conduct of one of the
parties or of a third person. It is an agreement whereby one party agrees to secure
another against an anticipated loss or damage.

Indemnity is considered to be a contractual agreement between two parties whereby

one party agrees to pay for potential losses or damages caused by another party. A
typical example is an insurance contract, in which the insurer or the indemnitor agrees
to compensate the other (the insured or the indemnitee) for any damages or losses in
return for premiums paid by the insured to the insurer. With indemnity, the
insurer indemnifies the policyholder—that is, promises to make whole the individual or
business for any covered loss.

Judgment

A decision by a court or other tribunal that resolves a controversy and determines the
rights and obligations of the parties.

A judgment is the final part of a court case. A valid judgment resolves all the contested
issues and terminates the lawsuit, since it is regarded as the court's official
pronouncement of the law on the action that was pending before it. It states who wins
the case and what remedies the winner is awarded. Remedies may include money
damages, injunctive relief, or both. A judgment also signifies the end of the court's
jurisdiction in the case.

Judiciary

The branch of government that is endowed with the authority to interpret and apply the
law, adjudicate legal disputes, and otherwise administer justice.
Legislation: the preparing and enacting of laws by local, state, or national legislatures. In
other contexts it is sometimes used to apply to municipal ordinances and to the rules
and regulations of administrative agencies passed in the exercise of delegated legislative
functions.

Also means: a law or set of laws suggested by a government and made official by
a parliament.

Legislature

A representative assembly of persons that makes statutory laws for a municipality,

state, or nation.

The department, assembly, or body of men that makes laws for a state or nation.

Malafide: with or in bad faith

A mala fide purchaser is one who buys property from another with the knowledge that
it has been stolen. In contrast, a bona fide purchaser is one who does so with no
knowledge that the seller lacks good title to the property

Mis-statement…to state wrongly or misleadingly; make a wrong statement about.

to state incorrectly : give a false account of

Non-bailable: not admitting of bail as a matter of right.

Non-bailable offences are serious offences where bail is a privilege and only the courts
can grant it. On being arrested and taken into custody for a serious ornon-
bailable crime, a person cannot ask to be released on bail as a matter of right.
Order

Direction of a court or judge normally made or entered in writing, and not included in a
judgment, which determines some point or directs some step in the proceedings.

Pledge : solemn binding promise to do, give, or refrain from doing something: signed a
pledge never to reveal the secret; a pledge of money to a charity.

a deposit of personal property as security for a debt; "his saxophone was in pledge"

bind, guarantee, mortgage, engage, gage (archaic) He asked her to pledge the house as
security for the loan.

something given by a person who is borrowing money etc to the person he has
borrowed it from, to be kept until the money etc is returned He borrowed Rs 2000 and
left his watch as a pledge.

ab initio.
from the beginning, from the start, from the first, from scratch (informal), from the
word go (informal), from first principles They do more advanced work with their
students ab initio.

as a legal term: refers to something being the case from the start or from the instant of
the act, rather than from when the court declared it so. A judicial declaration of the
invalidity of a marriage ab initio is a nullity.

ab in·tra
from inside; from within.
ad interim
adv.
In or for the meantime; temporarily.

adj.
Acting or done ad interim; temporary. See synonyms at temporary.

An officer ad interim is a person appointed to fill a position that is temporarily open, or

to perform the functions of a particular position during the absence or temporary
incapacity of the individual who regularly fulfills those duties

Ad valorem:In proportion to the value: ad valorem duties on imported goods.

According to value.

The term ad valorem is derived from the Latin ad valentiam, meaning "to the value." It is
commonly applied to a tax imposed on the value of property. Real property taxes that
are imposed by the states, counties, and cities are the most common type of ad valorem
taxes. Ad valorem taxes can, however, be imposed upon personal property. For
example, a motor vehicle tax may be imposed upon personal property such as an
automobile.

An article of commerce may be subjected to an ad valorem tax in proportion to its value,

which is determined by assessment or appraisal.

Duties, taxes on goods imported or brought into this country from a foreign country, are
either ad valorem or specific. An ad valorem duty is one in the form of a percentage on
the value of the property, unlike a specific duty that is a fixed sum imposed on each
article of a class, such as all Swiss wristwatches, regardless of their individual values.
ad hoc
adv.

1. for the special purpose or end presently under consideration.

adj.
2. concerned or dealing with a specific purpose or end: an ad hoc committee.
For the specific purpose, case, or situation at hand and for no other: a committee
formed ad hoc to address the issue of salaries.
adj.
Formed for or concerned with one specific purpose: an ad hoc compensation
committee.

De facto is a Latin phrase that means in fact (literally by or from fact) in the sense of "in
practice but not necessarily ordained by law" or "in practice or actuality, but not
officially established", as opposed to de jure.

De Jure is an expression that means "of right, by right, according to law" (literally "from
law"), as contrasted with de facto, which means "in fact, in reality" (literally "from fact").

de novo

adv
1. from the beginning; anew

det·i·nue

1.
a. An action to recover possession or the value of property wrongfully detained.
b. The writ authorizing such action.
2. The act of unlawfully detaining personal property

en route
adverb
adverb: enroute
during the course of a journey; on the way.
"he stopped in Turkey en route to Geneva"

1. ex officio - by virtue of an office or position; "the head of the department

serves as an ex officio member of the board"
official - having official authority or sanction; "official permission"; "an official
representative"

Adv. 1. ex officio - by virtue of position; "the president sat on the committee ex officio"
by right of office

Ex Parte

[Latin, On one side only.] Done by, for, or on the application of one party alone.

An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte
may also describe contact with a person represented by an attorney, outside the
presence of the attorney. The term ex parte is used in a case name to signify that the
suit was brought by the person whose name follows the term.

An ex post facto law (Latin for "from after the action" or "after the facts") is a law that
retroactively changes the legal consequences (or status) of actions that were
committed, or relationships that existed, before the enactment of the law.
ex post facto

adj. Latin for "after the fact," which refers to laws adopted after an act is committed
making it illegal although it was legal when done, or increases the penalty for a crime
after it is committed. Such laws are specifically prohibited by the U. S. Constitution,
Article I, Section 9. Therefore, if a state legislature or Congress enact new rules of proof
or longer sentences, those new rules or sentences do not apply to crimes committed
before the new law was adopted.

Impugn/impugne
Dispute the truth, validity or honesty of (a statement or motive) call into question.
"the father does not impugn her capacity as a good mother"

inter alia
(in-tur eh-lee-ah) prep. Latin for "among other things." This phrase is often found in
legal pleadings and writings to specify one example out of many possibilities. Example:
"The judge said, inter alia, that the time to file the action had passed."

Jure humano-by human law

Jure Divino-by divine law

Locus-standi

In law, locus standi means the right to bring an action, to be heard in court, or to
address the Court on a matter before it. Locus standi is the ability of a party to
demonstrate to the court sufficient connection to and harm from the law or action
challenged to support that party’s participation in the case. For example, in the United
States, a person cannot bring a suit challenging the constitutionality of a law unless the
plaintiff can demonstrate that the plaintiff is (or will be) harmed by the law. Otherwise,
the court will rule that the plaintiff “lacks standing” to bring the suit, and will dismiss the
case without considering the merits of the claim of unconstitutionality. In order to sue
to have a court declare a law unconstitutional, there must be a valid reason for whoever
is suing to be there. The party suing must have something to lose in order to sue unless
they have automatic standing by action of law.