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Legal Terminology and Maxims notes – CSEET
Legal Terminology and Maxims:
ICSI CSEET: The Council of the ICSI has released a notice regarding CSEET on the day of the inauguration of ICSI Golden Jubilee Celebrations on 4th Oct 2017.
The Gazette Notification on the Company Secretaries (Amendment) Regulations, 2020 has been published on 3rd February 2020 in the Official Gazette of India and the same shall be applicable from the said date of publication.
Now ICSI Published a notice regarding CSEET Test which going to start from 2020 May.
We are now going to discuss the details of CSEET Paper-2 Legal Aptitude and Logical Reasoning – Legal Terminology and Maxims notes.
Legal Terminology and Maxims
Legal Terminology and Maxims:
| A priori | From the antecedent to the consequent. |
| Ab initio | From the beginning |
| Absolute sententia expositore non-indigent | Plain words require no explanation |
| Actio mixta | Mixed action. |
| Actio personalis moritur cum persona | A personal right of action dies with the person. |
| Actionable per se | The very act is punishable and no proof of damage is required |
| Actus Curiae Neminem Gravabit | Act of the Court shall prejudice no one. |
| Actus non facit reumnisi mens sit rea | An act does not make a man guilty unless there be guilty intention |
| Actus reus | Wrongful act |
| Ad hoc | For the particular end or case at hand. |
| Ad idem | At the same point |
| Ad valorem | According to value. |
| Aliunde | From another source |
| Amicus Curiae | A friend of court member of the bar who is appointed to assist the Court. |
| Animus possidendi | Intention to possess |
| Audi alteram partem | Hear the other side. |
| Benami | Nameless |
| Bona fide | Good faith; genuine. |
| Caveat | A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator |
| Caveat emptor | Let the buyer beware. |
| Caveat actor | Let the doer beware. |
| Caveat venditor | Let the seller beware. |
| Certiorari | A writ by which records of proceeding are removed from inferior courts to High Court and to quash decision that goes beyond its jurisdiction. |
| Cestui que trust | The person who has the equitable right to property in India he is known as beneficiaries. |
| Consensus ad idem | Common consent necessary for a binding contract. |
| Contemporanea expositio est optima et fortissima lege | A contemporaneous exposition or language is the best and strongest in Law |
| Corpus delicti | Body/gist of the offence. |
| Cy pres | As nearly as may be practicable. |
| Damnum sine injuria | Damage without injury. |
| De facto | In fact |
| De jure | By right (opposed to de facto) in Law |
| Dehors | Outside; foreign to (French term). |
| De novo | To make something new; To alter. |
| Dies non | Day on which work is not performed. |
| Deceit | Anything intended to mislead another. |
| Del credre agent | is a mercantile agent who in consideration of extra remuneration called a del credre commission undertakes to indemnify his employer against loss arising from the failure of persons with whom he contracts to carry out their contracts. |
| Delegate potestas non-potest delegari | A delegated power cannot be delegated further. |
| Delegatus non potest delegare | A delegate cannot delegate. |
| Dictum | Statement of law made by judge in the course of the decision but not necessary to the decision itself. |
| Dispono | Convey legally |
| Ejusdem generis | Where there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified. |
| Estoppel | Stopped from denying |
| Ex parte | Proceedings in the absence of the other party |
| Expressio unius est exclusio alterius | Express mention of one thing implies the exclusion of another or which is shortly put |
| Ex turpi causa non oritur action | No action arises from an illegal or immoral cause. |
| Fatum | Beyond human foresight |
| Fait accompli | Things done and no longer worth arguing against; an accomplished act |
| Factum probandum | Fact in issue which is to be proved |
| Factum probans | Relevant fact |
| Ferae natureae | Dangerous by nature |
| Force majeure | Circumstance beyond one’s control, irresistible force or compulsion |
| Generalia specialibus non derogant | General things do not derogate from special |
| Habeas corpus | A writ to have the body to be brought up before the judge |
| Ignorantia legis neminem excusat | Ignorance of law excuses no one |
| Injuria sine damno | Injury without damage |
| Interest reipublicae ut sit finis litium
| State or public interest requires that there should be a limit to litigation |
| Ispo facto | By the very nature of the case |
| In promptu | In readiness |
| In posse | In a state of possibility |
| In limine | Initial stage; at the outset |
| In lieu of | Instead of |
| Inter alia | Among other things |
| Inter se | Among themselves |
| In specie | In kind |
| Inter vivos | Between living persons |
| Intra vires | Within the powers |
| In personam | A proceeding in which relief is sought against a specific person |
| Indicia | A symbol; token; mark |
| Innuendo | Allusive remark |
| Jus in personam | Right against a person |
| Jus in rem | Right against the world at large |
| Jus non scriptum | Unwritten law; Customary Law |
| Jus scriptum | Written Law |
| Lex Marcatoria | The law merchant, is a body of legal principles founded on the customs of merchants in their dealings with each other, and though at first distinct from the common law, afterwards became incorporated into it |
| Lex fori | The law of the forum of court |
| Lis | A suit cause of action |
| Lis pendens | A pending suit |
| Locus standi | Right of a party to an action to appear and be heard on the question before any tribunal |
| Mala fide | In bad faith |
| Mandamus | A writ of command issued by a Higher Court to a Lower Court/Government/Public Authority |
| Mens rea | Guilty mind |
| Manesuetae natureae | Harmless by nature |
| Mesne profits | The rents and profits which a trespasser has received/made during his occupation of premises |
| Misnormer | A wrong name |
| Mutatis-mutandis | With necessary changes in points of detail |
| Noscitur a sociis | A word is known by its associated, one is known by his companions |
| Obiter dictum | An incidental opinion by a judge which is not binding |
| Onus Probandi | Burden of proof |
| Pari passu | On equal footing or proportionately |
| Per se | By itself taken alone |
| Persona non-grata | Person not wanted |
| Per incuriam | Through want of care; through inadvertance |
| Prima facie | At first sight; on the face of it |
| Profit a prendre | A right for a man in respect of his tenement |
| Pro bono publico | For the public good. |
| Pro forma | As a matter of form |
| Pro rata | In proportion |
| Posteriori | From the consequences to the antecedent |
| Puisne mortgage | Second mortgage |
| Pari causa | Similar circumstances, with equal right |
| Pari materia | Relating to same person or thing |
| Qui facit per alium facit per se | He who acts through another is acting by himself |
| Quo warranto | A writ calling upon one to show under what authority he holds or claims an office |
| Quia timet | Protective justice for fear. It is an action brought to prevent a wrong that is apprehended |
| Quid pro quo | Something for something |
| Ratio decidendi | Principle or reason underlying a decision |
| Res judicata | A decision once rendered by a competent court on a matter in issue between the parties after a full enquiry should not be permitted to be agitated again |
| Res ipsa loquitur | The things speak for itself |
| Respondent superior | Let the principal be liable |
| Res sub judice | Matter under consideration |
| Res gestae | Facts relevant to a case and admissible in evidence |
| Rule nisi | A rule which will become imperative and final unless cause to be shown against it |
| Scire facias | Your cause to know |
| Status quo | The existing state of things at any given date |
| Scientiet volenti non-fit injuria | Injury is not done to one who knows and wills it |
| Spes successionis | Chance of a person to succeed as heir on the death of another |
| Supra | Above; this word occurring by itself in a book refers the reader to a previous part of the book |
| Suppressio veri | Suppression of previous knowledge |
| Sui juris | Of his own right |
| Simpliciter | Simply; without any addition |
| Scienter | Being aware of circumstances, the knowledge of which is necessary to make one liable, as applied to the keeper of a vicious dog, means no more than reasonable cause to apprehend that he might commit the injury complained of |
| Sine qua non | An indispensable condition |
| Situs | Position; situation; location |
| Suo motu | On its own motion |
| Stare decisis | Precedent. Literally let the decision stand |
| Sine die | Without a day being appointed |
| Travauxpreparatories | Preparatory records |
| Tortum | Civil wrong actionable without contract |
| Uberrimae fide | Of utmost good faith |
| Ubi jus ibi remedium | Where there is a right there is remedy |
| Ultra vires | Beyond the scope, power or authority |
| Ut lite pendente nihil innovertur | Nothing new to be introduced during ligitation |
| Usufructuary | One who has the use and reaps the profits of property, but not ownership |
| Ut res magis valeat quam pereat | The words of a statue must be construed so as to give a sensible or reasonable meaning to them |
| Vis major | Act of God |
| Vigilantibuset, non dormientibus, jura subveniunt | The laws help those who are vigilant and not those who are slumber or lazy |
| Vice versa | The order being reversed; other way round |
| Volenti non-fit injuria | Damage suffered by consent gives no cause of action |
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