60 Legal phrases used in Laws that every legal professional should know.

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60 Legal phrases used in Laws that every legal professional should know.

 

  1. Purview : Scope

 

  1. Defacto : Infact

 

  1. Modus Operandi : Mode of Operation / Manner of working

 

  1. Resjudicata : [Once the decision of HC comes then on that same point again appeal cannot be made.] The issue of Law which has been already decided shall not be pleaded for review.

 

  1. Impediment : Obstacles or Hindrance.

 

  1. Defjure : In Law, irrespective of whatever the facts.

 

  1. To deduce : Logically come to the conclusion.

 

  1. Nexus : Close connection link.

 

  1. Bonafide : Genuine

 

  1. Surmises : Presumptions, own assumptions

 

  1. In Limine : At the outset (i.e. at the beginning)

 

  1. fait accompli : An accomplished act.

 

  1. pro tanto : to that extent, for so much, for as much as may be.

 

  1. ultra vires : beyond one’s power.

 

  1. status quo : existing condition.

 

  1. Suspended animus : An order under Appeal is not subject to any action by any authority till the order disposing of the appeal is available.

 

  1. ex officio : by virtue of an office.

 

  1. ex parte : exkpression used to signify something done or said by one person not in the

presence of his opponent.

 

  1. Subjudice : Under an appeal to a court, decision awaited.

 

  1. obiter diccum : an opinion of law not necessary to the decision. An exspression of

opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of the high authority.

 

  1. intestate : a person is deemed to die intestate in respect of property of which he or she

has not made a testamentary disposition (“will”) capable of taking effect.

 

  1. Akin : Similar to; of the same type Coterminus : Similar to; of the same type

 

  1. Adjudicate : Consider for judgement. A court adjudicates means gives its decision on a particular matter.

 

  1. per incuriam : through carelessness, through inadvertence. A decision of the court is not binding precedent if given peer incuriam, that is, without the court’s attention having been drawn to the relevant authorities, or statutes.

 

  1. Ad interim : In the Mean Time

 

  1. Bounty : Additional Advantage

 

  1. Suijuris : of his own right.

 

  1. caveat emptor : let the purchaser beware. implying that the buyer must be cautious, as the risk is his and not that of the seller.

 

  1. pendente lite : during litigation.

 

  1. Sine Di: For indefinite period.

 

  1. sub judice : before a judge or court; pending decision of a competent court.

 

  1. audi alteram : hear the other side. Both sides should be heard before a decision is arrived at

 

  1. ipse dixit : he himself said it; there is no other authority.

 

  1. ipso jure : by the law itself ; by the mere operation of law.

 

  1. Ignorantia Legis known excusat : Ignorance of law is not excused

 

  1. Ratio Decidendi : Reason for deciding / Grounds for decision

 

  1. Ad Hoc : Without any particular rate, percentage, proportion.

 

  1. Option Vs Discretion : Whenever choices is available to the assessee in respect of any matter. Law uses the word at his option – for eg:
  2. Sec 11(11) – Explanation to Sec. 11 (11)
  3. Sec. 23(4)

 

  1. Ad infinitum : Without any Time limit.

 

  1. rule absolute : when, having heard counsels, court directs the performance of that act forthwith.

 

  1. Raison D’etre : Reason or justification for existence.

 

  1. amicus curiae : Friend of court; one who voluntarily or on invitation of the court, and not on instructions of any party, helps the court in any judicial proceedings

 

  1. rule njsi : a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced.

 

  1. quid pro quo : the giving of one thing of value for another thing of value; one for the other; thing given as compensation.

 

  1. Ratio Decidendi : Reason for deciding/Grounds for decision

 

  1. Assessee engaged in ……………. : The activity should have started

 

  1. Ex-gratia : As a matter of grace ir favour

 

  1. Non obnstante clause : That provision has superceding effect on any other provision

 

  1. Ejusdem Generis : Of the same kind

 

  1. in personam : against the person; an act or preceeding done or directed with reference to no specific person or with reference to all whom it might concern.

 

  1. Mesne Profit : Profit earned by somebody by wrongful possession of property.

 

  1. in rem : an act / proceeding done or directed with reference to no specific person or with refernce to all whom it might concern.

 

  1. stare decisis : to stand by things decided; to abide by precedents where the same points come again in litigation.

 

  1. sine die : without delay.

 

  1. Onus probandi : Onus of proof / The burden of Proof.

 

  1. intra vires : within the powers; within the authority given by law.

 

  1. cestui que trust : a beneficiary under a trust, the person for whose benefit the trust is created

 

  1. lis pe ndens : a pending suit.

 

  1. res integra : an untouched matter; a point without a precedent; a case of novel impression.

 

  1. inter vivos : between living persons.

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