IMPORTANT LEGAL TERMS

-Shubham sir

1. Ab initio- from the beginning. something being the case from the start or from the
instant of the act rather than from when the court declared it so. For instance, the term
"void ab initio" means "to be treated as invalid from the outset."
2. Actus reus- guilty act. the external element or the objective element of a crime
3. Ad colligenda bona- to collect the goods. In English law, a grant ad colligenda bona is
sometimes applied for by parties interested in the administration of a deceased person's
estate
4. Ad idem- to the same things. If two parties to a contract understand the terms and
conditions of a contract in the same manner, then it is said that ad idem is there
5. Ad hoc- for this. for temporary purpose. it generally signifies a solution designed for a
specific problem or task
6. Ad valorem- according to value. Ad valorem tax is a tax whose amount is based on the
value of a transaction or of property
7. Ad litem- for the litigation/ suit. A Guardian Ad Litem (GAL) is appointed by the Court
as a neutral third party, whose duty it is to represent the best interests of the minor child
to the Court.
8. Amicus curiae- friend of the court. a person or group who is not a party to an action, but
has a strong interest in the matter, will petition the court for permission to submit a brief
in the action with the intent of influencing the court's decision.
9. Amende honourable- formal apology whose honour has been offended. Reparation for a
crime or injury formerly consisting in such a formal and humiliating acknowledgment of
offense and apology as will restore the injured or offended honor of the one wronged
10. Audi alteram partem- hear the other side. This 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 them.
11. Animus possidendi- intention of possession. An intention to possess is the other
component of possession.
12. Animus deserendi- intention of desertion. the intention to bring cohabitation
permanently to an end
13. Animus furandi- intention of theft. In order to constitute a crime of larceny/ theft, the
thief must take the property animo furandi
14. Ambigutas latens- ambiguity which is latent (hidden). It is that which seems certain and
without ambiguity, for anything on the face of the instrument, but there is some
collateral matter.
15. Ambigutas patens- ambiguity which is patent (on the face of it). An ambiguity in the
language of a legal instrument that is readily apparent from a plain reading
16. Bona fide- good faith. Also if something or someone is bona fide , they are genuine or
real
17. Uberrimae fidei- utmost good faith. Contract Uberrimae Fidei are contracts of absolute
good faith where there is a duty to disclose all material facts which are in the knowledge
of one party.
18. Caveat emptor- buyer beware. the principle that the buyer alone is responsible for
checking the quality and suitability of goods before a purchase is made.
19. Caveat venditor- seller beware. The person selling goods is accountable for providing
information about the goods to the seller. It is a counter to caveat emptor and suggests
that sellers can also be deceived in a market transaction.
20. Compos mentis- of a composed mind. Sound mind under Contract Law- capable of
entering into a legally binding contract.
21. Non compos mentis- not of a composed mind. Insane. Cant enter into contract, also a
general defence in Criminal Law
22. Cestui que trust- beneficiary of a trust. He who has a right to a beneficial interest in and
out of an estate the legal title to which is vested in another.
23. Causa proxima- immediate/ proximate cause. principle of neighbour under the tort law
24. Causa remota- remote cause. principle of remoteness under tort law
25. De bonis non administratis- of goods not administered. assets remaining in an estate
after the death or removal of the estate administrator
26. De facto- as a matter of fact. practices that exist in reality, even though they are not
officially recognized by laws
27. De jure- as a matter of law. practices that are legally recognised, regardless whether the
practice exists in reality.
28. De novo- afresh, a new, without consideration of previous instances, proceedings or
determinations.
29. Subpoena ducus tecum- to bring relevant documents to the document. a court summons
ordering the recipient to appear before the court and produce documents or other
tangible evidence for use at a hearing or trial.
30. Subpoena ad testificum- to come and testify in court. court summons to appear and give
oral testimony for use at a hearing or trial.
31. Doli capax- capable of committing a crime. refers to the mental capacity of a person that
helps him/her from distinguishing right from wrong
32. Doli incapax- incapable of committing a crime. deemed incapable of forming the intent
to commit a crime or tort, especially by reason of age
33. Ex gratia- from grace, as a favour. An ex gratia payment is considered voluntary as the
party making the payment is not obligated to compensate the individual, but he is doing
it
34. Ex officio- from office. Holding a position or membership due to the power or influence
of one's office, and not by election or appointment.
35. Ex parte- from one party (absence of one party). An ex parte decision is one decided by a
judge without requiring all of the parties to the dispute to be present.
36. Ex post facto- from after action (retrospective). An ex post facto law (corrupted from
Latin: ex postfacto, lit. 'out of the aftermath') 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
37. Ex curia- from the court (away from the court), Arbitration and conciliation
38. Expatriation- from the fatherland. Expatriation is the process of leaving your country
and living in a new one, or the act of forcing a person to do this.
39. Fiduciary- relationship based on trust, especially with regard to the relationship between a
 trustee and a beneficiary.
40. Fait accompli- an accomplished fact. Creation of a situation which is irreversible and with
which other parties will have to live, even if grudgingly.
41. Factum probandum- facts required to be proved. (burden of proof in criminal law and
civil law)
42. Factum probans- facts required to prove factum probandum (the evidence tendered in
support of your case)
43. In forma pauperis- in form of a pauper (beggar), It refers to the ability of an indigent
person to proceed in court without payment of the usual fees associated with a lawsuit or
appeal.
44. Functus officio- one who has fulfilled his office and is discharged from duty. Functus
officio refers to an officer or agency whose mandate has expired, due to either the arrival
of an expiry date or an agency having accomplished the purpose for which it was created.
45. Felo de se- a felon to himself. a person who commits suicide or who dies from the
effects of having committed an unlawful malicious act.
46. In camera- in private. In camera proceedings in court for sensitive proceedings which
might affect the public in general or the victim
47. In curia- in open court. Jury trials- KM Nanavati
48. In personam- a person specific, Right in personam- Contract law
49. In rem- in reference to whole world or the entire society, Right in rem- Criminal law
50. In loco parentis- in place of a parent, a legal guardian of an orphan
51. Intra vires- within jurisdiction
52. Ultra vires- outside the jurisdiction
53. In toto- in totality
54. Intestate- dying without a will, Instestate succession
55. Inter vivos- between living people, A legal contract- one of the requirements
56. In articulo mortis- at the point of death, Dying declaration, or a Will
57. Inter alia- among other things,when you want to say that there are other things involved
apart from the one you are mentioning
58. Ipso facto- by the fact itself, which means that a specific phenomenon is a direct result of
the action in question and not of a previous action.
59. Lex loci- law of the land.
60. Lex fori- law of the forum
61. Locus in quo- place in which
62. Locus standi- right to bring an action in the court
63. Lispendens- pending suit
64. Male dictum- bad word
65. Mala pracis- bad practice
66. Malo animo- bad intent
67. Modus operandi- method of operation
68. Modus Vivendi- mode of living
69. Moratorium- temporary prohibition of an activity
70. Mutatis mutandis- with necessary changes
71. Malfeasance- malafide neglect of duty
72. Misfeasance- error in performing a duty
73. Nonfeasance- non- performance of a duty
74. Non- culpabilis- not guilty
75. Culpabilis- guilty
76. Obiter dicta- things said in passing
77. Ratio decidendi- reason for the decision
78. Onus probandi- burden of proof
79. Pacta sunt servanda- pacts must be kept
80. Post mortem auctoris- after death of an author
81. Par delictum- at equal fault
82. Pari passu- on equal footing
83. Per procurationem- on behalf of
84. In propria persona- acting on one’s own behalf
85. Per diem- per day
86. Per annum- per year
87. Per capita- per person
88. Patrimony- inherited money from father
89. Alimony- maintenance money after divorce
90. Patricide- killing of father
91. Parricide- killing of close relative
92. Matricide- killing of mother
93. Filicide- killing of offspring
94. Fratricide- killing of sibling
95. Sororicide- killing of sister
96. Regicide- killing of king
97. Genocide- killing of people of a particular race
98. Uxoricide- killing of wife
99. Mariticide- killing of husband
100. Tyrannicide- killing of tyrant
101. Deicide- killing of deity
102. Prima facie- on the face of it
103. Pro tempore- for the time being (temporary)
104. Persona grata- an acceptable person
105. Persona non grata- a non-acceptable person
106. Pro bono publico- for public good
107. Plebiscite- voting for vital issue
108. Referendum- voting on political/ social issue
109. Publici juris- of public right
110. Res publico- a public object
111. Quid pro quo- something for something
112. Reason d’etre- reason for existence
113. Stare decisis- to stand by a decision
114. Res judicata- a matter already judged
115. Res gestae- things done
116. Cy pres- as near as possible
117. En banc- full bench
118. Escheat- reversion of unclaimed property to state
119. Estoppel- an obstruction which prevents a person to say something contrary to his
previous statement.
120. Estoppel by laches- estoppels by limitation
121. Recusal- not to hear a case voluntarily when there is conflict of interest
122. Nolo contendere- i do not wish to contest
123. Abandonment- renunciation, desertion
124. Abatement- reduction in sentence
125. Abetment- encouragement
126. Aggravating- increase the seriousness of an offence
127. Mitigating- lessen the seriousness of an offence
128. Extenuating- lessen the seriousness of a guilt
129. Absolute immunity- you are immune from punishment whatsoever be your conduct
130. Qualified immunity- immunity to acts done by law officials under scope of employment
131. Adverse inference- drawn from silence
132. Affray- to disturb the public peace
133. Arraignment- formal reading of criminal charge
134. Indictment- charge of a serious crime
135. Aleatory contract- contingent contract
136. Antecedent- going before
137. Precedent- going after
138. Apportionment- distribution in equal share
139. Barratry- vexatious litigation
140. Black letter law- already established law
141. Chain of title- sequence of historic transfer of property
142. Coercion- to persuade someone to do something by force
143. Cease and desist- to stop an activity and not do it again
144. Codicil- document amending the will
145. Probate- process of examination of a will
146. Contingent fee- conditional fee
147. Coverture- legal doctrine by which legal rights of women were subsumed by her husband
148. Feme sole- an unmarried woman
149. Feme covert- a married woman
150. Cross claim- claim asserted by a defendant against another defendant
151. Counterclaim- response to a claim, to rebut it
152. Docket- list of cases to be heard
153. Double closing- simultaneous buying and selling of property without disclosing the
buyers and sellers
154. Embracery- attempt to influence a judge
155. Exculpation- from blame
156. Entail- property passed to the nearest heir
157. Expungement- to erase
158. Gag order- order passed by an employer to employee for not commenting on a matter
159. Jointure- arrangement to set aside property after husband’s death
160. Remitter- reduce extraordinary damage, sending of a case from higher to lower court
161. Repeal- removal/ reversal of law
162. Sunset provision- temporary provision/ law
163. Solatium- compensation for injured feelings
164. Hereditament- anything which can be inherited
165. Mandate- command/ order
166. Writ- formal written order given by the court