Legal Terms And Maxims

Front 1

Adverse Possession

Back 1

Occupation of land to which another has title - with the intention of taking it as his own.

Front 2

Affray

Back 2

Using or threatening to use unlawful violence.

Front 3

Alibi

Back 3

Plea that the accused was somewhere else during the commission of the crime.

Front 4

Alienation

Back 4

Transfer of (real) property from one to another

Front 5

Animus

i.Animus Furandi

ii.Animus Manendi

Back 5

Intention.

i. intention to steal

ii. intention to remain in one place (domicile law)

Front 6

Antecedents

Back 6

Accused/Convict's previous convictions or history of bad character.

Front 7

Audi alteram partem

Back 7

Hear the other side.

- No one should be condemned unheard.

Front 8

Aut punier aut dedere

Back 8

Either punish or surrender

- extradition law

Front 9

Caveat

i. caveat actor

ii. caveat emptor

iii. caveat venditor

Back 9

Warning.

i. Let the doer be on his guard.

ii. Let the buyer beware.

iii. Let the seller be on his guard.

Front 10

Covenant

Back 10

Agreement or undertaking to do or not to do something.

Front 11

Countermand

Back 11

To say that an order must NOT be carried out.

Front 12

Contempt of Court
i. civil

ii. criminal

Back 12

i. Civil - Disobedience of court order or process. Defendant can be imprisoned.

ii. Criminal - Obstructs or tends to obstruct proper administration of justice.

Front 13

delegates non potest delegare

Back 13

A person to whom something has been delegated cannot delegate further.

Front 14

Duress

Back 14

Pressure, esp actual/threatened force.

Front 15

Embargo

Back 15

Detention of ships in port - a type of reprisal.

(ship of delinquent state withheld in injured state's port)

Front 16

Estoppel

Back 16

Rule of evidence or rule of law preventing a person who has alleged its(truth/evidence) existence from denying the same.

Front 17

Ex gratia

Back 17

done as a matter of favour

Front 18

ex post facto

Back 18

by a subsequent act - has retrospective effect.

Front 19

expunge

Back 19

to remove

Front 20

Factum probanda

Back 20

Fact in issue which is to be proved.

Front 21

Factum probans

Back 21

Relevant fact.

Front 22

Gratuitous

Back 22

Free or with no money being offered.

Front 23

Homicide

Back 23

killing a human.
includes - manslaughter, infanticide, murder.

Front 24

Horse- trading

Back 24

Bargaining b/w political actors to obtain a general agreement.

Front 25

Hostile witness

Back 25

An adverse witness who willfully refuses to testify in favour of the party who called him.

Front 26

Hypothecation

Back 26

Using property such as securities as collateral for a loan but not transferring legal ownership to the lender.

Front 27

Innuendo

Back 27

( defamation) - statement - words - which maybe defamatory because of hidden meaning (evident to the people to whom it has been published)

Front 28

In limine

Back 28

Initial stage; at the outset

Front 29

In prompt

Back 29

In readiness

Front 30

Inter alia

Back 30

among other things

Front 31

Inter se

Back 31

among themselves

Front 32

In personam

Back 32

a proceeding in which relief is sought against a specific person.

Front 33

Interlocutory

Back 33

during the course of proceedings

Front 34

Intestate

Back 34

to die without making a will

Front 35

Kickback

Back 35

Illegal commission paid to someone who helps in a business deal.

Front 36

Larceny

Back 36

Crime of stealing goods which belong to another person.

Front 37

Libel

Back 37

Defamatory statement made in permanent form.

Front 38

Liquidator

Back 38

person who conducts winding up of a company.

Front 39

Locus standi

Back 39

Right of a party to an action to appear and be heard by the court.

Front 40

M' Naughten rules

Back 40

Rules which a judge applies in deciding whether a person is insane.

Front 41

Mesne profits

Back 41

rents and profits which a trespasser has received/ made during his occupation of premises which are lost to the actual owner.

Front 42

nemo debet bis vexari

Back 42

no man ought to be vexed twice.

- not to be sued twice upon twice over the same set of facts after a competent court has given a final decision. - civil - double jeopardy

Front 43

next friend

Back 43

Person who brings an action on behalf of a minor.

Front 44

Novation

Back 44

Transaction in which all parties agree to replace an existing contract with a new one.

Front 45

obiter dictum

Back 45

a remark in passing.

- something said by a judge during giving judgment not essential to the decision in the case,

Front 46

Ombudsman

Back 46

An official who investigates complaints by the public against gov depts.

Front 47

Palimony

Back 47

money which a court orders a man to pay regularly to a woman with whom he had been living and is now separated.

Front 48

Per incuriam

Back 48

Through lack of care.

- if court fails to apply a relevant statute or ignores a binding precedent.

Front 49

Persona non grata

Back 49

an unacceptable or unwelcome person.

- esp a diplomat from foreign territory unacceptable to the receiving state

Front 50

Pilfer

Back 50

To steal small objects or small amounts of money.

Front 51

Piracy jure gentium

Back 51

- international law.

illegal act of violence, detention, robbery - committed in a pvt ship/ aircraft for private gain.

Front 52

Polygraphy

Back 52

Lie detector

Front 53

Probate

Back 53

Legal acceptance that a document is valid.

Front 54

ratio decidendi

Back 54

The reason for deciding.

Front 55

repudiate

Back 55

to refuse to accept.

Front 56

rescind

Back 56

to annul or cancel.

Front 57

res ipsa loquitur

Back 57

The thing speaks for itself.

- esp in tort of negligence.

Front 58

Res judicata

Back 58

a matter that has been decided.

Front 59

respondeat superior

Back 59

let the principal answer.

Front 60

restitution in integrum

Back 60

restoration to original position.

Front 61

restrospective legislation

Back 61

retroactive legislation.

- legislation that operates on matters which has taken place before its enactment.

Front 62

sine die

Back 62

without a date.

Front 63

slander

Back 63

Defamatory.

- verbal or gestures.

- not in permanent form.

( only actionable when it can proved that publication has caused spl damage.)

Front 64

stare decisis

Back 64

to stand by things decided.

- precedents - judgments.

Front 65

sub judice

Back 65

rule limiting disclosure of judicial proceedings so as not to pre -judge or influence the issue.

Front 66

sui generic

Back 66

of its own kind - unique

Front 67

sui juris

Back 67

of his own right.

(full age and capacity)

Front 68

subrogation

Back 68

- when someone stands in the place of another person and acquires the person's rights and liabilities.

Front 69

tenancy at will

Back 69

that which can be terminated by the landlord/ tenant at any time.

Front 70

tenancy by estoppel

Back 70

tenancy that exists despite the fact that the person who granted it had no legal right to do so.

Front 71

tortfeasor

Back 71

one who commits a tort.

Front 72

ubi jus ibi remedium

Back 72

where there is a wrong there is a remedy.

Front 73

void and voidable

Back 73

void - having no legal effect

voidable - capable of being avoided.

Front 74

white paper

Back 74

detailed policy statement issued by the gov.

- has public importance.