Saksham Gaikwad

Semester II

Roll Number – 2056

Legal Language and Art of Advocacy

(Answer 1)

a. Fait accompli and functus officio

• Fait accompli – French phrase, used to describe an action that has been carried out
and is irreversible in nature.
Example – The abrogation of Article 370 from the Constitution, which gave special
rights to the citizens of Jammu and Kashmir, has become fait accompli.
• Functus officio – Latin phrase, used to refer to an officer or agency who no longer
holds any official authority.
Example – After the announcement of an award by the Arbitrator, he becomes
functus officio.

b. Mutatis mutandis and modus operandi

• Mutatis mutandis – used when necessary changes are made, however, the main
point isn’t altered.
Example – RBI has announced new taxes making cash withdrawals more expensive
and these rules will be, mutatis mutandis, to transactions done at Cash Recycler
Machines.
• Modus operandi – used to describe a mode/method of operating something.
Example – Jammu and Kashmir militants have adopted a new modus operandi to
hunt targets, by using pistols instead of grenades.

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 c. Par delictum and nolo contendere
• Par delictum – used to describe a situation wherein both parties are equally at fault
in a case.
Example – In the case of Onkarmal v. Banwarilal and Ors., the doctrine of par
delictum was used to describe that both parties were equally at fault.
• Nolo contendere – used when a person agrees not to contest a charge being laid
against him before going to the trial stage.
Example – Zayn Malik, recently, in his plea, mentioned nolo contendere in response
to the charges made against him by his wife, Gigi Hadid.

(Answer 2)

Part 1

a. Patricide – used to define the killing (or killer) of one’s father.

Example – The Maharaja of Marwar, Ajit Singh, was murdered by his sons Bakht Singh
and Abhai Singh to take over the throne, certainly one of the most controversial cases
of patricide in Indian History.

b. Fratricide – used to define the killing (or killer) of one’s sibling.

Example – Ashoka committed fratricide by killing his brothers for the death of their
father, in the war of succession.

c. Uxoricide – used to define the killing (or killer) of one’s wife.

Example – Madurai District Court sentenced a man to life imprisonment for uxoricide,
which happened because of a verbal spat between the two over the custody of their
children.

d. Matricide – used to define the killing (or killer) of one’s mother.

Example – Dipendra of Nepal was held guilty of matricide for killing his mother, Queen
Aiswarya during a royal dinner.

e. Sororicide – used to define the killing (or killer) of one’s sister.

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 Example – Roman emperor Caligula was blamed for sororicide for killing his sister
Drusilla, when it was brought to his notice that Drusilla was carrying his child.

Part 2

If something is "monolithic," it means it is drawn from one source or has an inherent

consistency. Non-monolithic legal language resists such categorization.

In the first place, the non-monolithic form of legal language is owed to the cultures from which
it evolved. Other languages have influenced the vocabulary of English speakers, such as Latin
and French. Law is rooted from the Norse language, but Latin influences can be seen in the
many Latin maxims that we use. "deem," "moot," and "ordeal" are some of the Anglo-Saxon
words that have been used in the English language.

Non-monolithic terminology is also evident in the current condition of legal language, as terms
vary by location. An Englishman might be more familiar with the term "competition law,"
whereas an American might prefer "antitrust law." The terms "business law" for the former and
"corporation law" for the latter illustrate this disparity.... In this way, Indian law establishes a
completely new paradigm by incorporating regional words into the legal jargon.

Each type of legal writing has a distinct form and genre of legal language. Non-legal
terminology can't provide the clarity and final interpretations required for a legal pleadings,
contracts, or deeds, hence the amount of legalese used in a judicial decision is significantly
greater than the amount used in a legal document. Law's non-monolithic qualities are illustrated
by the variety of its linguistic forms and styles.

Part 3

Polysemy, as a word or sound sequence, it is referred to as "many connotations". Even if I were

to kill someone and then sign a contract, the outcomes of my actions would be very different.
As still another illustration, the term "bench" can apply to both a type of seating arrangement
and a panel of arbitrators. Discharging one's obligations is one thing, but discharging one's
debts is quite another.

The use of polysemy can cause confusion in legal texts, and I believe that it should be avoided
at all costs. Some lawyers, on the other hand, may use polysemy to give their legal papers a

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literary flair. A lawyer may be able to tell the difference between these varying meanings of
the same term, but the average person would be baffled.

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