Legal Terms and Legal Maxims

Abduction Deponent Parole

Abetment Detention Partition
Abscond Discharge Perjury
Accomplice Encumbrance Petition
Accused Eviction Plaintiff
Acquittal Evidence Pleadings
Adoption Extortion Precedent
Admission Fraud Prosecute
Affidavit Heir Probation
Alibi Homicide Proviso
Alimony Intellectual Rebuttal
Amendment Property, Restitution
Appeal Intestate Remand
Approver Investigation Respondent
Bail Judgment Self defence
Bankrupt Jurisdiction Succession
Charge sheet Justice Summons
Claimant Juvenile Testator
Confession Legacy Testimony
Conviction Liability Trial
Damages Misappropriation Trespass
Decree Mortgage Verdict
Deed Negligence Voluntarily
Defamation Oath Warrant
Defendant Overrule Will
Ownership
List of Foreign Words :
1. Ab initio - From the beginning.
2. Ad hoc- Established for a particular purpose.
3. Ad valorem - According to value.
4. Amicus curiae - An impartial Advisor.
5. Bona vacantia - Ownerless property.
6. Compos mentis - of sound mind.
7. De facto - In actual fact.
8. De jure - In law, By legal right.
9. Ex parte - One side only.
10. Fauxpas - Blunder.
11. In limine - At the outset.
12. In memorium - In memory of.
13. In personam - Personally.
14. Inter alia - Among other things.
15. Inter se - Among themselves.
16. Lis pendens - During the pendency in any court.
17. Locus standi- Right to speak or intervene in a matter.
18. Mala fide - In bad faith.
19. Mens rea- Criminal intention or guilty mind.
20. Modus operandi - Mode or Method of working.
21. Nudum pactum - A bare promise.
22. Onus probandi - The burden of proof.
23. Par excellence - Without comparison.
24. Prima facie - At first sight.
25. Ratio decidendi - The reasons for decisions.
26. Sine die - To a date not at the moment fixed.
27. Sub judice - Under judicial consideration.
28. Suo moto - By itself.
29. Ultra vires - Beyond powers.
30. Vox populi - The voice of people.
List of Legal Maxims :

1. Actus curiae neminem gravabit - An act of the court shall prejudice no one.
2. Actus non facit reum, nisi mens sit rea - An act does not make a person guilty
unless the mind is guilty.
3. Audi alteram partem - Let the other side be heard as well.
4. Delegatus non potest delegare - A delegate cannot delegate.
5. Ex nudo pacto non oritur actio - No action arises from a contract without
consideration.
6. Expressio unius est exclusio alterius - Express mention of one thing excludes
all others.
7. Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of facts
excuses but ignorance of law excuses no one.
8. Nemo dat quod non habet - No one gives what he does not have.
9. Noscitur a sociis - The meaning of a doubtful word can be derived from its
association with other words.
10. Qui facit per alium facit per se - He who acts through another does the act
himself.
11. Respondeat superior - Let the master answer.
12. Res ipsa loquitur - The thing speaks for itself.
13. Ubi jus ibi remedium - Where there is a right there is a remedy.
14. Vigilantibus non domientibus jura subveniunt - The law assists those that
are vigilant with their rights and not those that sleep thereupon.
15. Volenti non fit injuria - To a willing person, injury is not done.

● Differentiating between legal and ordinary

meaning of words

Differentiating between the legal and ordinary meanings of words is crucial, as they
can sometimes vary significantly, especially within the context of legal documents
and proceedings. Here's how you can distinguish between them:

1. Ordinary Meaning:
  Ordinary meaning refers to the everyday or common understanding of
a word.
 It is how the word is commonly used in everyday language and
communication.
 The ordinary meaning of a word can vary based on context, cultural
norms, and individual interpretation.
 Ordinary meaning is what an average person would understand the
word to mean in a given context.
2. Legal Meaning:
 Legal meaning refers to the specific interpretation of a word within the
context of the law or legal documents.
 It may not always align with the ordinary or common understanding of
the word.
 Legal meaning is often defined by statutes, case law, legal precedents,
and legal dictionaries.
 Courts may interpret words in legal documents based on their legal
meaning rather than their ordinary meaning, especially when ambiguity
arises.

Here are some key points to keep in mind when differentiating between the legal
and ordinary meanings of words:

 Context: Consider the context in which the word is used. In legal documents
or proceedings, words may have specific legal implications that differ from
their ordinary usage.
 Statutory Interpretation: Legal meanings can be derived from statutes and
legal precedents. Courts often interpret laws and legal documents based on
the legal meaning of the words used.
 Legal Precedents: Previous court decisions and legal precedents may
influence the interpretation of words in a legal context. Courts often look to
past cases to determine the legal meaning of terms.
 Definitions: Legal documents may provide definitions for certain terms within
the document itself or refer to definitions provided in relevant statutes or
legal dictionaries.
 Intent: In some cases, the intent of the parties involved may influence the
interpretation of words in a legal document, especially if the ordinary meaning
does not align with the intended legal effect.

In summary, while the ordinary meaning of words is based on common usage and
understanding, the legal meaning of words is determined by statutes, case law, legal
dictionaries, and the context in which they are used within the law. It's important to
be mindful of these distinctions, especially when drafting or interpreting legal
documents.
Ambiguity and problem words in Legal
Drafting
Legal drafting involves precise language to convey complex legal concepts and agreements.
However, ambiguity can arise due to the inherent flexibility of language and differing
interpretations. Here are some common sources of ambiguity and problem words in legal
drafting:

Vague Terms: Using imprecise language that lacks clarity can lead to ambiguity. Terms such
as "reasonable," "substantial," or "adequate" may be open to interpretation.

Ambiguous Pronouns: Pronouns like "it," "they," or "them" can create confusion if it's not
clear what or whom they refer to. Clear antecedents are necessary to avoid ambiguity.

Double Negatives: Double negatives can confuse the meaning of a sentence. For instance,
"not uncommon" can be ambiguous—is it common or uncommon?

Legal Jargon: Overreliance on legal terminology or archaic language may obscure meaning,
especially for non-lawyers or in cross-jurisdictional contexts.

Ambiguous Phrasing: Certain phrasing can be inherently ambiguous, such as "and/or," "as
soon as possible," or "in due course." These phrases may lack specificity, leading to different
interpretations.

Technical Terms: Using technical terms without clear definitions can create ambiguity,
particularly if the audience is unfamiliar with the terminology.

Enumerations and Lists: Poorly constructed lists or enumerations can cause confusion,
especially when it's unclear whether items are inclusive or exclusive.

Ambiguous Modifiers: Phrases like "including but not limited to" or "without limitation" can
be unclear about the scope of what is included.

Conditional Language: Conditional statements, such as "may," "might," or "should," can

create ambiguity about the obligations or consequences involved.

Subjective Terms: Terms like "fair," "reasonable," or "significant" are subjective and can lead
to different interpretations based on individual perspectives.

To mitigate ambiguity in legal drafting:

Define terms: Clearly define key terms to avoid misunderstanding.

Use plain language: Aim for clarity and simplicity in language rather than excessive legalese.
Be precise: Use specific language and avoid vague or general terms.
Consistency: Maintain consistency in terminology and phrasing throughout the document.
Review and revise: Carefully review drafts for potential ambiguities and revise as necessary.
By being mindful of these sources of ambiguity and employing clear, precise language, legal
drafters can minimize the risk of misunderstandings and disputes.