Legal terms are helpful in many aspects, like all the people in one place can understand the meaning without any language barrier. Like binomial nomenclature for all organisms and plants to avoid language disputes in international counselling, the legal words used in Indian court are discovered in all sectors. However, various office workers, entrepreneurs, people in business, lawsuit attorneys, and other commoners also have to know some legal terms. When dealing with a lawyer notice can help you understand some critical concepts easily. The same goes for other businesses also. Some of the legal words used in Indian court are listed below:
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There will be two parties in all the case dealings: the petitioner and the respondent. The petitioner is the one who raises a claim on the respondent, and the latter is obliged to respond to the petition. An affidavit is a written statement given by a party with the presence of an authority, mainly the oath commissioner.
Affidavits are considered evidence in court hearings after verification and confirmation of proofreading. If the respondent answers the petition, the affidavit is referred to as a counter-affidavit. The petitioner’s reaction to this may be called a rejoinder affidavit.
This term is often used in court hearings. When your case is filed in lower-rank courts, you can appeal the same issue in high-authority courts for more legal verifications. However, your case has to be valid to stand the policies of the high court without any useless points to showcase and get freed.
Appealing requires a lot of case statements and substantial evidence to get a positive result. In most cases, appealing will have a negative impact on the appellant who appeals the case. The opposite party, named the appellee, must accommodate themselves for the appealing process even if they don’t want it.
The Appellant is the part who appeals the case to high courts by asking for reversal judgement. Appellate courts are the courts that handle the appealing cases from the lower rank courts. Like, state courts handle the possibilities that district courts appeal for judgement revision. In comparison, the appellee is the opposite part of the appellant. In a word, the appellant persuades appellate judges to review a low-rank court’s judgement while the appellee thrives quite the opposite
Arbitration is one of the dispute removal processes that allows both parties to sit and discuss their conspiracies and mistakes to end the conflict smoothly without judicial involvement. The parties have their advisers, so they communicate with proper knowledge and do not create any unwanted scenes in the discussion.
The arbitrators are the centre of discussion and will give judgement that will benefit both parties. In rare cases, this non-judicial discussion may lead to even critical disputes. By using this process, both parties can save their hearing time and a lot of money.
Attestation is the confirmation of evidence. Suppose a piece of evidence, either living or nonliving, is submitted to the court. In that case, it has to be attested by an authorised oath commissioner before proceeding with the acceptance and verification. For example, suppose a signature of a person in charge of a claim is taken for legal evidence. In that case, it is to be attested by a familiar person to the signature before accepting it. The exact process will be applied to any evidence, including audio notes, written form, video recording, etc.
Bench describes the sitting set-up of judges in courts. It depends upon the rank of the court and the number of judges required. Usually, in the high court, all judges can sit individually or on division benches as two or three. In Supreme courts, vacation judges usually sit singly in their chamber, while other judges sit as two or three in division benches and constitution benches.
In all cases, there will always be positive signals on one party while the other suffers from the burden of proof. So it is because they always lack appropriate evidence to satisfy the required points to clear their disputes. However, there are two types of burdens: the burden of production and burden of persuasion.
The burden of persuasion may be lower or higher and is commonly referred to as the standard of proof. Both burdens may vary depending upon the cases and the claims.
The cause list displays all the ongoing and future performances in the court, like the schedule. It includes the number of trials, active courtrooms, available judges, number of bench and vacation judges, case details, and other required data. It is like a daily calendar of the court. And it is a tradition of all the courts to release a daily cause list without fail.
The cognisable offence has given a police officer who is in charge presented the authority to arrest anyone without any arrest warrant by officials. However, the claim should be absurd enough to take spot actions without creating any illegitimacy.
Non- cognisable is the opposite of the assertion mentioned above. In this case, the police cannot arrest anyone without a proper warrant. Both are essential aspects in case dealings and police minding. The police must make a measurable decision in the heat of the moment. And the presence of these kinds of powers is only used to punish criminals, not to blame innocents.
Contempt the court means disobeying its rules and regulations. Any act that directly or indirectly offends the function or actions of the court is considered contempt of court. Under the Contempt of Courts Act is defined as ‘civil contempt. This act can be regarded as violating legal terminology rules and being punished by law. This law will punish any action that lowers the power and respect of the court.
As the name suggests, an intervenor can intervene in the case who need not be part of the proceedings. They can submit an affidavit that will be helpful to compensate for the lack of case lackings. Also, in conditions such as the case result will affect the person incorrectly, intervenors are allowed to indulge themselves in solving the crisis.
Issue notice is issued for the respondents as a remainder or a warning for them to respond to the petition. It includes the claim of the case, the date following the hearing and other case details. If the respondent still fails to respond to the court, the patient will turn opposite them by considering their silence as their opposition.
Pending judgement cases by the court are called sub judice. There are many reasons why the case is still not solved, like the absence of proper evidence, no proper claim, no knowledgeable information, etc., that case-related parties are strictly prohibited from doing any illegal norms for their health.
It is the reflex action of the court to the case without the involvement of relevant parties. Then the statement is referred to as suo motu. It occurs only in much-needed decision-making conditions.
A document that authorizes an advocate to represent a party in court.
A writ is a direction issued by the Court, which must be obeyed by the authority/person to whom it is addressed. It is a writ petition that seeks issuance of a writ.
Legal terminology refers to the specialized language and terms used in the field of law. It includes words and phrases that have specific meanings within the legal context. They help to accurately communicate legal concepts, rights, obligations, and procedures.
In legal terminology, a judge is an impartial and authoritative figure appointed or elected to preside over a court of law. Judges are responsible for interpreting and applying the law, making legal decisions, and ensuring just proceedings.
Common law terminology refers to the legal concepts, principles, and terms derived from judicial decisions and customs rather than legislative statutes. It is a system of law based on precedents established by courts through case law, which becomes binding on subsequent cases.
There is no fixed number of Common Legal Terms in India. The legal field encompasses a vast array of terms and concepts, covering various branches of law such as civil law, criminal law, constitutional law, and more. The number of legal terms is extensive and continues to evolve with legal developments.
Legal maxims are general principles or rules of law expressed in Latin or other languages. They capture fundamental legal concepts and guide legal reasoning. Legal terminology, on the other hand, encompasses a broader range of words and phrases used in the legal profession to describe common legal terms.
When writing legal terms, it is important to use precise and accurate language to convey legal concepts effectively. Legal terms should be defined or explained in a manner that is accessible to the intended audience. It is advisable to use plain and simple language while avoiding unnecessary jargon or complexity.
CR case stands for Criminal Case. It refers to legal proceedings involving offences or crimes punishable under criminal law. In a CR case, the state prosecutes the accused for violating criminal statutes.
Lawyers typically address judges as Your Honor or Honorable Judge as a sign of respect in the courtroom. These terms are used to acknowledge the judge's authority and position in legal proceedings.
There are various terms used to refer to judges depending on the jurisdiction and context. Some common terms for judges include Justice when referring to judges in higher courts, Magistrate for judges in lower courts, and Presiding Judge when they oversee court proceedings. For legal assistance and services, you can rely on Vakilsearch, India's leading legal advisers. Visit our website and explore a wide range of legal solutions tailored to meet your needs.
You have learnt a few legal terminologies commonly used in business platforms and lawsuits from the above passage. I hope it will help you on some occasions. For more information, Vakilsearch provided related knowledge for everyone to get clarification. They give many services for legal dealings. Please make use of it and make better decisions.