LATIN LEGAL TERM;;

DONATIO MORTIS CAUSA-- It is a Latin legal term which means death bed gift.
Therefore, it is a gift made by a person in sickness who apprehending or being in fear of
her/his death or feels nearing his death causes to deliver or delivers position any
personal goods to keep as is own. In case of the donor's death the gift is given upon the
condition that if the donor dies the donee shall possess it absolutely or return it back if
the donor survives or should repaint or the donee dies before the donor.
For example, the gift of a cheque is not as good as Donatio Mortis causa because it
can only be brought into effect in the donor's lifetime and revoked back after his death.
But a deposit in a savings bpaank account can be as good as Donatio Mortis causa. It is
completely the decision of the Donor and doesn't require the consent of the
admadministrator or executor.

AFFIDAVIT-- It is a declaration in court reduced to writing affirmed or sworn by an

affiant before some person who has the authority to administer oaths. It may also be a
written statement in the name of a person called the deponent by whom it is voluntarily
signed statement of fact in a single Affidavit. In case of income the mental health of a
person signing such statements is necessarily to note. It is always done ex-parte
without cross-examination and therefore it is different from a suit.
Illustrative sentence:- The declaration of Affidavit can be signed without informing the
other party.

RES JUDICATA-- It is a Latin term which technically means that the matter in issue
which has already been tried by the competent court of the trial between the same
parties in respect of the same matter shall not be allowed. It is a very important doctrine
of the Civil Procedure Code and is explained in Sec-11 of CPC. It says that the no court
shall try any suit or issues in which the matter directly or substantially in issues. In a
formal suit between the same parties or between parties under whom they or any of
them claim to be under the same title. It also means that a suit which has already been
decided cacnot be reopened by the same parties.
Illustrative sentence:- Res judicuta prevents a question which has already been
decided to be asked in court and therefore prevents it from disturbing the legal system.

IN RE -- IN-RE Stands for in the affair of in the matter of or concern with.

 When IN-RE appears in the title for any case it indicates that judicial proceeding may
not have formally designed adverse parties or is otherwise uncontested. IN-RE also
refers to the object or person which is primarily the subject of the matter. It may have
some item of property at the centre of the dispute rather than an adverse party.
Therefore the proceeding may be In-re but never in personam.
Illustrative sentence:- A matter of guardianship or any public Infrastructure can be
referred to In-Re.

IN LIEU OF. -- It means a place of or instead of In Lieu of Dower of land is given as

Dower promptly. No registration is necessary. But the Dower is fixed and instead of
paying it the land given it will be In Lieu of Dower and should be the register Document.
In Lieu Of payment refers to an In Lieu of payment by income tax officer which talks of
taxes in place of sales tax.
Illustrative sentence:- In Lieu of notice is an offence in employment law.

Ex-parte -- It is a Latin legal term whereby a decree is passed against a defendant in

absentia. Despite service of Summons where on the date of hearing only the plaintiff
does appear and the defendant doesn't, the court may hear the suit ex-parte and pass a
decree for order against the defendant. The legal validity of such a decree is
enforceable and is universally accepted.
Illustrative sentence:- As the Council for the Defendants missed the hearing the
decision was given Ex-parte.

INTER ALIA -- It is a Latin legal term for among other things. It is a phrase implemented
to assign that a particular statute is a part of that statute that is relevant to the facts of
the lawsuit and not the entire statute. In other words we can say that it means to show
that one example out of many possibilities. For example, the judge says that the time of
filling the case has already passed Inter Alia. It is also used at the time reporting court
decisions where only a particular part is mentioned Inter Alia the whole part.
Illustrative sentence:- He is granted the suit Inter-Alia the set promises.

IN-LIMINE -- It is a Latin legal word which means preliminary the beginning referring to
a motion before the trial begins. For example, a person can file a motion In -Limine
before trials seeking to bar or stop the statement from introducing any evidence prior
to conviction. In case of any sensitive Issue a motion can be filed In - Limine so that the
sensitive Issues properly.
Illustrative sentence:- Any Illegal petition can be dismissed In- Limine.
IN- REM --- In- rem is a Latin term which means against the property and not against
the person. In Rem a strict sense is taken directly against the property and has for its
object the deposition of the property without any reference to the title of the individual
claimant. In a larger time it is applied to the action between the parties where it object
is to dispose of the property owned by them. For example, a decree establishing or
dissolving a marriage is a judgement In Rem which determines the faith of the marriage
and the person involved in judgement. In personam is against a person unlike In Rem.
Illustrative sentence:- In Rem proceeding of will fixes the statues of will.

IN- PERSONAM -- In personam means against the person. All Legal rights are either In
personam or In Rem and the right are in Personam attaches to a particular person.
Proceeding In Personam are proceeding in recovery of personal judgement. The action
In Personam is that by which we sue him/her who is under obligation or has to do
something or to give something.
Illustrative sentence:- The matter was adjudged In-personam.

FUNCTUS OFFICIO-- It is Latin legal term applied to something which one has a life or
power and which has become of no virtue ever presently. Thus, when an agent has
completely the business which he has interested in with his agencies it become functus
officio. As soon as registration officers register a document presented to him for
registration it became functus officio. For example Kamal Chand V. the state of M.P
(1966).
Illustrative sentence:- One who has fulfilled his office and his out of office is functus
officio.

DE FACTO-- It is the Latin legal term which means "in fact" or " in reality". It is used to
describe a situation that is for all practical purposes the case . Though it might not be
legal or official. It can be compared to 'De jure'. And this phrase is used to characterise
officers of a government or a state of officers. Therefore a person, an office, position
under the claim of right to De Facto. In this sense it is contrary to De Jure which means
rightful, legal or constitutional. For example, De Facto sovereign is the actual leader like
the prime Minister.
Illustrative sentence:- DE FACTO marriage is different from a De jure Marriage.

DE JURE-- De jure in Latin means of the law. It also means lawfully or the legal title. The
term may be used to described in lawful legal contract of the state for a government.
De Jure but not De Facto. Therefore, De Jure government is any government which is
lawful and the government which is De Facto may or may not be fulfill. In international
law a De Facto recognition shows most of the features of sovereignty and the De jure
recognition shows all the legal components of sovereignty.
Illustrative sentence:- De jure cooperation is based on all the stationary law related to
the state corporation law.

IN LOCO PARENTIS -- It is a Latin phrase which refers to a person who is not the legal
or biological parents of the child but has been treated as a parents by the child on an
established meaningful parental relationship over a period of time . For example, legal
guardians are set to stand In Loco Parentis with respect to their child creating a relation
for insurance. By far the most common usage of In Loco Parenties has been derived
from English common law. In the case of sabjan Sahid v. M.D Abdul ajid Sahid and
others on October 17, 1966 Ibrahim Sahid and his wife stood In Loco Parentis to sabjan.
Illustrative sentence:- In Mohammedan Law it has been that In Loco Parenties is
applied for children with no parents.

SERIATIM -- IT is Latin legal term which means in a series or one after the other. For
example, issues or facts might be discussed seriatim many one by one in order. A
seriatim opinion described an opinion delivered by the court in which Multiple judges
write down the judgments separately instead of a single judge writing on behalf of the
whole court severally, separately, individually and one after the other.
Illustrative sentence:- Seriatim is a legal maxim used in India.

MANDAMUS -- Mandamus or an order of Mandamus is a judicial writ issued as a

command from a court of superior jurisdiction that command an empherior tribunal
corporation or individual to write, refrain from doing a particular act, the performance or
omissions of which is required by law as an obligation. The order of Mandamus is of
most extensive remedial nature and is in the form of command of a high court of
justice telling or Instruction a lower court to act or to perform. Mandamus is not a writer
. It is only applicable for a person from whom it is made and the check it is used of
power and check the misused power.
Illustrative sentence:- Mandamus was introduced to India in 1773.

QUOWARRANTO -- It is in the form "By what Warrant". it's also a writ and is not a
petition by the notice of demand. It should be deemed by the person who demands
from the respondent a prerogative requiring a person to show by what authority he
exercises the power. It is a legal action of a special form view to resolve VA Dispute
over whether a person has a right to hold public office that he or she accepted , however
it can't decide on whether the person would stay in office. It restrains the person or the
authority to act in an office which she or he author to act in an office which she or he
authority to act in an office which she/he is not entitled to and then stops usurpation of
public office by anyone.
Illustrative sentence:- The writ of Quo Warranto is applied to public offices and not
private offices.

CERTIORARI -- It is a writ from a superior court calling up a record of proceedings in an

inferior court for review and so it is a writ working the inferior court to certifying and to
the farmer the record in a particular case if an appellate court grants a writ of certiorari
it agrees to take the appeal. For example, an order by the High court that a case should
be relieved views that the order to the lower court war flowed and therefore needs to be
reviewed by the High court.
Illustrative sentence:- A losing party may file a petition for certiorari at the supreme
court to review the lower court.

ESTOPPEL-- In Latin it means a bar or impediment which stops the person from
asserting or a writ or present one from denying it this kind hindrance in due to a
person's action conduct statement failure to act or judge against the person in some
kind of case.
Estoppel includes being stopped from false presentation , concealment which is
called equity estoppel failure to file take legal action and also collateral estoppel.
Illustrative sentence:- Legal Estoppel consist of estoppel by method and estoppel by
deed.

HABEAS CORPUS -- It is a writ or court order that commands an individual an institute

or a government official who restrains or detains any person to produce the prisoner at
a designated time and place ,so that the court can determine legality the valid legal
reason of such detention or custody and decide whether the person should detain or
release if the prisoner becomes successful in making the court belief that he has been
illegally detained the court accept it has been the violation of the constitution rights and
may order the prisoners release. It also grants relief to an intense person, a drug
addicted or an ill person.
Illustrative sentence:- Under Article 32 and Article 226 constitution of India the
supreme court and High Court may grant the writ of Habeas Corpus.