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Legal Terminology and Maxims notes – CSEET

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

Legal Terminology and Maxims:

A prioriFrom the antecedent to the consequent.
Ab initioFrom the beginning
Absolute sententia expositore non-indigentPlain words require no explanation
Actio mixtaMixed action.
Actio personalis moritur cum personaA personal right of action dies with the person.
Actionable per seThe very act is punishable and no proof of damage is required
Actus Curiae Neminem GravabitAct of the Court shall prejudice no one.
Actus non facit reumnisi mens sit reaAn act does not make a man guilty unless there be guilty intention
Actus reusWrongful act
Ad hocFor the particular end or case at hand.
Ad idemAt the same point
Ad valoremAccording to value.
AliundeFrom another source
Amicus CuriaeA friend of court member of the bar who is appointed to assist the Court.
Animus possidendiIntention to possess
Audi alteram partemHear the other side.
BenamiNameless
Bona fideGood faith; genuine.
CaveatA 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 emptorLet the buyer beware.
Caveat actorLet the doer beware.
Caveat venditorLet the seller beware.
CertiorariA 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 trustThe person who has the equitable right to property in India he is known as beneficiaries.
Consensus ad idemCommon consent necessary for a binding contract.
Contemporanea expositio est optima et fortissima legeA contemporaneous exposition or language is the best and strongest in Law
Corpus delictiBody/gist of the offence.
Cy presAs nearly as may be practicable.
Damnum sine injuriaDamage without injury.
De factoIn fact
De jureBy right (opposed to de facto) in Law
DehorsOutside; foreign to (French term).
De novoTo make something new; To alter.
Dies nonDay on which work is not performed.
DeceitAnything intended to mislead another.
Del credre agentis 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 delegariA delegated power cannot be delegated further.
Delegatus non potest delegareA delegate cannot delegate.
DictumStatement of law made by judge in the course of the decision but not necessary to the decision itself.
DisponoConvey legally
Ejusdem generisWhere there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified.
EstoppelStopped from denying
Ex parteProceedings in the absence of the other party
Expressio unius est exclusio alteriusExpress mention of one thing implies the exclusion of another or which is shortly put
Ex turpi causa non oritur actionNo 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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