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 3^rd 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