SKOLARS Legal Terms Page 1 of 8

Legal Terms

1. Abettor - A person who is found guilty of aiding and abetting. In criminal law an abettor is an
instigator who promotes a crime to be committed.
2. Abduction - The wrongful taking away of a person.
** See also ‘ Detention’
3. Abate - To end.
4. Abscond - Escape from legal procedure.
5. Accident - An unexpected incident.
6. Accessory - One who helps in the commission of a crime or who is a partner in a crime.
7. Accomplice - A conscious associate in a crime.
8. Accused - One who is charged with a crime.
9. Adjourn sine die - Postpone without fixing a date.
10. Adopt - To take into one’s own family by legal process.
11. Admission - The statement oral or written made by a party to a suit, which suggests any inference as to
any fact sought to be proved.
12. Adjudication - The judgment or decision of a court.
13. Act of God - An inevitable accident done by God eg – thunder, flood (vis major).
14. Adjournment - The suspension or postponement of the hearing of the case to a future data.
15. Ad hoc judge - Judge for a temporary purpose.
16. Ad litem - A law suit instituted by a guardian.
17. Admiralty court - A court having jurisdiction to try disputes relating to maritime causes.

18. Adverse possession - Occupation of land inconsistent with the right of the true owner.
19. Approver - An accomplice who turns prosecution witness.
** See also ‘Accomplice’
20. Ad valorem - According to value.
21. Affidavit - A written statement made on oath or affirmation before an authorised Magistrate or
officers. The person making the affidavit is called Deponent.
22. Alibi - Alibi is a plea where an accused alleges that at the time when the offence was committed
he was elsewhere.
23. Alias - Assumed name.
24. Aliens - A person to whom ownership of property is transferred.
25. Alimony - Maintenance. An allowance payable to wife and children and also to aged parents (Section
125 Cr. P.C).
26. Amnesty - A general pardon for offences against the State.
27. Arbitrator - An impartial person chosen to settle dispute.
28. Award - The decision of an arbitrator.
29. Argument - A course of reasoning demonstrating the truth or falsity.
30. Amicus curiae - Friend of the courts. He is one who helps the court in deciding a question of law.
31. Attest - To affirm to be correct or true or genuine.
32. Appeal - Any proceeding taken to rectify the wrong decision of a court by bringing it before the
higher court.
33. Assault and Battery - Battery is unlawful laying of hands on another person.
Assault is an attempt to do a corporal hurt (body hurt) to another.
34. Assets - The property available for payment of debts.
35. Action - The formal demand of one’s right from anther person made or instituted in a court of law.
36. Bail - An accused person is admitted to bail when he is released from the custody of officers of
law and is entrusted to the custody of persons known as sureties.
37. Bequeath - To give property by will.
38. Bar - The professional body of barristers and advocates.
39. Bankruptcy - The proceedings in a court of law for the distribution of the property of an insolvent person
(unable to pay debts).
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 SKOLARS Legal Terms Page 2 of 8
40. Bias - Preference of inclination that cause partial judgment.
41. Bigamy - Marrying more than once during the lifetime of the first spouse.
42. Bicameral - Legislature having two houses.
43. Breach of trust - It is an act or neglect on the part of a trustee in regard to his trust.
44. Brief - Concise statement.
45. Ballot - Secret voting.
46. Bonafide - In good faith.
** See also ‘Malafide’
47. Malafide - In bad faith.
48. Black list - List of persons or things with whom dealings are prohibited.
49. Bona vacantia - Goods left without owners.
50. Capital punishment - Death penalty.
51. Case - Lawsuit.
52. Cause of action - The reason for legal action. It is a bundle of facts.
53. Caveat - A formal application filed by an interested party to a court or office requesting the
postponement to proceeding until he is heard (Section 148 A of C.P.C).
54. Civil law - The body of law dealing with private rights of a citizen.
55. Client - Person using the service of a lawyer.
56. Colourable - Seemingly true or genuine but false.
57. Commute - To change a penalty to a less serious one.
58. Compromise - A settlement in which both the sides make concession.
59. Confession - The admission of guilt by one charged with a crime.
60. Coercion - Commiting or threatening to commit any forbidden act for inducing a person to enter into a
contract.
61. Common law - A written law based on cutworms.
62. Consideration - Something in return. That which is given or done in return for the promise or act of another
party.
63. Confiscate - To seize private property for a public treasury especially by way of penalty.
64. Contract - An agreement between two or more persons especially that is written or enforceable by
law.
65. Conveyance - The document by which transfer of property form one person to another is effected.
66. Conversion - The unlawful appropriation of another’s property.
67. Convict - To find or prove someone guilty of an offence.
68. Counter sign - Assign or confirmatory signature on a previously signed document.
69. Crime - An act committed in violation of law.
70. Criminal law - Law involving crime and its punishment.
71. Culprit - A person charged with an offence.
72. Chief-examination - Questioning of a witness by a party who calls him. No leading questions can be asked in
chief examination. Leading question is a question that suggests an answer.
73. Cross-examination - Examination by the opposite party.
74. Re-examination - After cross-examination re-examination is done by the party who calls the witness.
75. Curfew - An order or regulation restricting people to be away from streets or public premises during
prescribed hours.
76. Casting vote - The deciding vote which a returning officer or chairman may have power to give.
77. Causae-causens - The immediate cause.
78. Causae sine qua non - An inevitable cause.
79. Cause - An ordinary civil proceeding or action.
80. Charge (civil) - In property law a charge is a form of security for payment of a debt or performance of an
obligation.
81. Charge (criminal) - In criminal law charge contains the name of the offence, the law and the section of law
against which the offence is said to have been committed (Section 211 Cr. P.C.).
82. Chattel - Moveable.
83. Claim - It is an assertion of a right.

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 SKOLARS Legal Terms Page 3 of 8
84. Coroner - An officer appointed by the crown.
85. Contempt of court - Any obstruction put in the part of justice is considered as contempt of court. The
punishment is 6 months and fine.
86. Corroborate - Supplementary or additional evidence.
87. Collusion - The arrangement of two persons, usually rivals, to do some act in order to injure a third
party or deceive the court.
88. Circumstantial evidence – A series of circumstances pointing to a conclusion.
89. Damages - Compensation or money paid for an injury or loss.
90. Decree - An authoritative order having the force of law.
91. De facto - In fact.
92. De jure - In law or by right.
93. Dies non juridicus - It is a day on which no legal business can be transacted.
94. Deed - A document sealed as an instrument of bond, contract or conveyance, especially pertaining
to property.
95. Defamation - Attacking the good reputation of another. There are two types of defamation. (A) Libel &
(B) Slander. Libel is the written or permanent form of defamation and slander is the
defamation by world or temporary form of defamation.
96. Defeasance - A clause within a contract or deed providing for annulment.
97. Defeasance - A person signing an affidavit or a person testifying under an oath.
98. Desertion - Wilful abandonment of one’s spouse, family or service, esp. military service.
99. Devise - The act of transmitting or giving property by will.
100. Deposition - The evidence of witness before a judge taken down in writing.
101. Distress - The Act of taking away of movable property from the possession of a wrong doer
compelling him to perform an obligation.
102. De novo - New.
103. Divorce - The legal ending or dissolution of marriage.
104. Duress - Physical compulsion or cession.
105. Demurrage - A fee levied on ships.
106. Easement - A right offered to person to make limited use of another’s land such as Right of Way.
107. Eminent domain - The right of Government to appropriate private property to public use.
108. Estoppel - It is a rule of evidence, which prevents a person from denying the truth of a statement
formerly made by him.
109. Ex parte - The court’s decision in the absence of one of the parties.
110. Equity - Fairness or Natural Justice.
111. Evidence - It is a means of proving or disproving a matter legally presented before the court.
112. Execution - Enforcing the order of a court.
113. Executor - The person to whom the execution of a will is entrusted by the testator (One who has
written the will).
114. Executioner - One who executes capital punishment.
** See also ‘Capital Punishment’
115. Felony - Grave crime.
116. Forgery - The making of false instrument with an intention of deceiving section: 463 IPC
117. Fraud - The Act of deceiving, misleading or misrepresenting.
118. Homicide - Unlawful killing of a human being.
119. Uxoricide - Killing of one’s wife.
120. Injunction - It is a judicial proceeding where by a person or group of persons is ordered to do something
or refrain from doing something. Injunction is of two types, 1. Mandatory Injunction – to do
something 2. Prohibitory Injunction – Not to do something.
121. Regicide - Killing of King.
122. patricide - Killing of Father.
123. Matricide - Killing of Mother.
124. Insolvency - The inability to pay debts in full.
125. Issue - Offspring or children.

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 SKOLARS Legal Terms Page 4 of 8
126. Intestacy - Dying without leaving a will.
127. In rem - Against the whole world.
128. In personem - Against a person.
129. In toto - As a whole.
130. In nomin - In the name of.
131. Infanticide - Killing of a newborn.
132. Innuendo - Hidden form of defamation.
133. Inquest - An enquiry held as to the death or a person.
134. Genocide - Deliberate destruction, in whole or in part, of an ethnic, religious of national group.
135. Intravires - Within the powers.
136. Ultravires - Beyond the powers.
137. Incustodia legis - In the custody of law.
138. Informa pauperis - In character of a pauper.
139. Indictment - A written accusation of one or more persons of a case.
140. Imprimatur - Let it be printed.
141. Inquisition - The religious practice among earlier Catholics.
142. Inter alia - Among other things.
143. Implead - Prosecute.
144. In camera - Secret hearing and trial of cases.
145. In curia - Inside the court.
146. In extension - At full length.
147. Jurisdiction - The power of a court or judge to entertain an action, petition or other proceedings. These
are three kings jurisdiction:
1. Pecuniary – based on amount, 2. Territorial – based on place &
3. Personal – based on persons.
148. Jury - A body of persons summoned to decide questions of fact in a judicial proceeding.
149. Juvenile court - Special court for the trail of children and young persons under 18 years.
150. Bostal - Where young offenders are kept in custody.
151. Ipse dixit - He himself said it.
152. Juvenile delinquents - Young offenders.
153. Jurisprudence - Knowledge of law or philosophy of law.
154. Legatee - One who gets property by will.
155. Legacy - The gift of personal property by will.
156. Lease - A contract of lending.
157. Legal aid - payment from public fund towards the cost of legal proceedings on behalf of poor
personals.
158. Legislation - The Act of making laws.
159. Liable - Legally responsible.
160. Libel - Written form of defamation.
161. Lien - The right to take and hold or sell the property of a debtor for payment of debt.
162. Limitation - A limited period during which an action may be brought.
163. Litigant - One who is engaged in a law suit.
164. Locus standi - Right to stand. The right of a party to be heard in court.
165. Lex fori - Law of the forum. The place where an action is to be instituted.
166. Lis-pendence - Pending Litigation (Pendent lite).
167. Minor - A person below 18 years.
168. Mortgage - A pledge of land.
169. Malice - The intent without just cases or reason to do an unlawful act.
170. Malum in se - Wrong in itself.
171. Mandamus - Order.
172. Maintenance - Financial support given to divorced or separated spouse and children by the other spouse.
173. Martial law - Military law.
174. Marital law - Law relating to marriage.

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175. Maritime law - Sea laws.
176. Maxim - A general truth or rule of conduct.
177. Misfeasance - The improper and unlawful execution of some Act.
178. Muta Marriage - The temporary marriage permitted by Muslim law.
179. Natural Justice - The rules and procedure followed by every one. There are two principles of Natural Justice:
1. No one shall be a Judge in his own cause (Nemo judex in causua-sua).
2. Everyone should b given an opportunity to be heard (Audi alteram partem).
180. Novus actus interveniens – An intervening act.
181. Negotiable Instruments – which are easily negotiable. Cheques, bill or exchange, promissory note and bill of lading
are negotiable instruments.
182. Notary public - A lawyer who is empowered to attest the execution of the deeds in writing.
183. Next friend - One who is admitted to court to see the representative of minor or other persons under
legal disability. Minor, lunatic and unsound person is regarded as legally disabled.
184. Nexus - Connecting link.
185. Non-feasance - Failure to perform some art that is either an official duty or a legal requirement.
186. Nuisance - A use of property or course of conduct that interfere with a legal right or others. Nuisance is
of two types: 1. Public nuisance; 2. Private nuisance.
187. Negligence - A default of omission, which a person is bound to do.
188. Oath - A formal statement declaring the truth of a claim.
189. Obligation - Duty.
190. Official receiver - A person appointed to look after the property in bankruptcy proceedings and in winding up
of companies.
191. Ombudsman (Lokayuktha) – It is adopted from Scandinavia. He is a person appointed to investigate complaints of
an administrative action.
192. Perjury - The deliberate and willful giving of false evidence.
193. Partition - Division of property belonging to co-owners and allotment among them in parts so as to
end joint ownership.
194. Parole - It is the release of a prisoner serving his sentence for a temporary period.
195. Per se - By self.
196. Personate - Posing as somebody else.
197. Pre-question - The legal right of buying a thing before all others.
198. Prescription - Acquiring certain right of buying a thing before all others.
199. Probate - It is a certificate granted by a court to the effect that the will of a certain person has been
proved and registered in a court.
200. Promissory note - It is an instrument by which the maker promises to pay a specific sum of money
unconditionally to another on demand.
201. Proof - That which leads to a conclusion about the truth of certain alleged fact, which are the
subject of enquiry.
202. Proviso - It is a clause in a deed or section of a statute, which limits or qualifies the principal clauses.
203. Proxy - A lawfully appointed agent.
204. proxy - One who commences a civil suit.
205. Pleadings - A formal statement propounding the cause of action. Pleading includes both plaint and
written statement.
206. Precedent - Previous decision used as a standard in subsequent similar cases. A precedent includes two
parts. 1. Obiter dicta: the comment of the judge and facts of the case which are not binding
on subsequent case.
2. Ratio decidendi: reason for the decision. It contains the legal principles involved in the
case. It is binding on subsequent cases.
207. Precept (section 46 CPC) – An order or direction from one curt to another requiring some act to be done.
208. Prerogative - An excusive right held by a person or group of persons especially, a hereditary or official
right.
209. Presumption - An inference as to the truth of an obligation.
210. Privacy - Freedom from unnecessary public attention or interference with one’s acts or decisions.

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211. Prosecute - To initiate legal or criminal court action against any person.
212. PIL - Public Interest Litigation. Litigation instituted by a person, not to enforce his own personal
right, but on the behalf of the public.
213. Prosecutor - An advocate conducting cases for the State in criminal proceedings in called the prosecutor.
214. Special Prosecutor - Prosecutor for a single case.
215. Pledge - It is the transfer of possession of anything for the payment of debt.
216. Poena - Penalty or punishment.
217. Power of attorney - A formal instrument by which one person empowers another to represent him or act on his
behalf for certain purposes. The relationship of the person is that of agent and principle.
218. Preamble - A clause at the beginning of a statute or constitution explaining the object of the
enactment.
219. Receiver - A person appointed by the court to receive and preserve a property in litigation.
220. Recital - A preliminary part of a document setting out relevant facts.
221. Respondent - A defendant in a lawsuit.
222. Redemption - Getting back. To liberate the property by payment of mortgage debt.
** See also ‘Cross – examination’
223. Remand - To send back the accused into custody.
224. Remuneration - reward: pay.
225. Rebut - To repel by counter proof.
226. Reprieve - The suspension of death sentence.
227. Res-Judicata - Decision once rendered by a competent court should not be disturbed aging. Once settled
is settled forever.
228. Res-subjudice - Pending before the court. When some parties institute a right with regard to the same
nd
subject matter the 2 suit is barred by res-sub judice (Section: 10 CPC)
229. Residue - That which remains of a deceased person’s estate after paying debts, funeral expenses etc.
230. Restitution - Restoration.
231. Solitary confinement – The confinement of a person in a cell in which he is isolated from all others (Section: 73, 74
IPC). At a time 14 days and a maximum of 3 month.
332. Sue - To institute legal proceeding by bringing a civil action.
233. Suo moto - By itself.
234. Sine-die - Without fixing a date.
235. Status quo - Same as in the beginning.
236. Tort - An act which causes harm to a person whether intentionally or not. It is a civil wrong for
which the remedy is action for unliquidated damages. Trespass, Nuisance, Negligence etc.
237. Tender - Offer for acceptance.
238. Uter Utrius - either of the two.
239. Verdict - Judicial decision.
240. Ultra vires - Beyond the powers.
241. Void - No legal effect.
242. Void ab initio - Void from the very beginning.
243. Warrant - An authority under hand and seal used in executing processes in civil and criminal cases.
The warrant signed by magistrate ordering the production of some person before the court.
244. Cognizable offence – Serious offences for which police can take action without an order from a Magistate and
without a warrant.
245. Non-cognizable offences- Small offences for which no direct action can be taken by the police without a warrant.
246. Will - A disposition or declaration by which the person making it (testator) provides for
distribution properly after his death.
247. Verdict - Judgment of a court.
248. Warranty - A guarantee.
249. Writ - The command issued by the court to some person.
250. Waiver - Voluntary relinquishment of a legal right.
251. Transfer - The passage of right from one person to another.
252. Trespass - Entering in somebody else’s property or right. It is both a crime and a tort.

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253. Trust - When a person holds property or right for and on behalf of another he is said to hold the
property in trust. The person who dedicates property to the trust is called the author of the
trust. The person who accepts the trust is called trustee. The person benefited from the
property is called beneficiary. Eg: - A transfers Rs 1Lakh to B is trust for the benefit of
school children. Here A is the author of the trust, B is the trustee and school children are
the beneficiaries.
254. Testamentary - Connected with will or disposal of property by will.
255. Polygraph - Lie detecting test.
256. Puisne judge - Junior judge.
257. Pro tempore - Temporary.
258. Ipso facto - By the very fact.
259. Volte-fact - About turn.
260. Candidate - One who offers himself for an office.
261. Counter claim - A claim made in the written statement against the plaintiff.
262. Corporation - A body established by law for some specific purpose.
Corporation is a legal person.
263. Clog - Legal obstruction.
264. Collateral - A thing, which goes side by side.
265. Contingent - Depending on some uncertain event.
266. Corpus delecti - Dead body of a human being after the commission of a crime.
267. Set Aside - To legally invalidate.
268. Auction - Public sale.
269. Assignment - Transfer.
270. Subrogation - Coming in the place of another.
271. Pendente-lite - Pending litigation.
272. Lis pendens - Litigation pending.
273. Consensus - Ad – Idem – Meeting of minds of parties to an agreement or identity of minds.
274. Ancient document - A document of 30 years or more of age.
275. Amenity - Basic legal requirement.
276. Amend - To change.
277. Ambiguity - Doubtfullness.
278. Amalgamate - Tie together.
279. Animus - Intention.
280. Actus reus - Physical act constituting a crime.
281. Mens rea - Mental element of intention in crime.
282. Vakalatnama - It is an instrument executed by a party authorizing an advocate to appear before a court.
283. Voir dire test (Sec 118 (Evi.Act) – The test conducted for the purpose of deciding the competence of a child
witness. Usually the judge puts questions to the child witness to test veracity.
284. Inter vivos - Between living persons.
285. Exposed facto law - Law enacted after the occurrence of an offence.
286. Lex fori - Law of the forum or the place where an action is instituted.
287. De Minimus Non curat lex – The law does not consider itself with small wrongs.
288. Vicarious liability - A master is liable for the acts of his servant.
289. Quantum meruit - Reasonable amount.
190. Indigent person - Pauper, that is, a person who has no capacity to remit the court fee.
291. Written statement - Reply filed by the defendant to the plaint.
292. FIR - First information report. (Section 154 Cr. P.C.)
193. FIS - First information statement.
294. Spes-successionis - The possibility to succeed as heir of a person on his death.
295. Garnishee - Debtor of a judgment debtor.
296. Attachment - Process for seizing any property in a civil case.
297. Novation - Substitution of a new contract for an old contract.
298. Partnership - Association of two or more persons in a business.

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299. Domicile - The permanent residence.
300. Karta - The head of a Hindu joint family.
301. Pious obligation - The obligation of the son to clear the debts of his father under Hindu law.
302. Droit Administratiff - The French administrative law.
303. Delegated Legislation – It means the extension of law making power by the legislature to the executive.
Rules, notifications etc.; are delegated legislation.
304. Pecuniary - According to money value.
305. Territorial - According to place.

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