Queries
Procedural law- The requirement by law to follow procedure regarding rules of evidence, pleadings and overall practice of law.

Administrative law: Laws covering and regarding the working of Government agencies (and their requirements viz., procedures etc) are knows as administrative laws.

Cause of action: The reason which prompts or allows (gives ground) a plaintiff to file a legal case against another person is commonly known as cause of action.

Civil law: In general, any law which is not criminal law (covering criminal acts or activities) is referred to as Civil law. Civil laws usually deal with disputes between two or more private citizens or entities.

Compensatory damages: The causing of harm or loss or harm to a citizen or entity by another might cause them to seek legal recourse towards the compensation of the same. This is usually ascertained in monetary terms and is known as awarding of ‘compensatory damages’.

Constitutional law: The law and guidelines for the formation of laws of the Country as well as general guidelines for the path of a Country are collectively referred to as the Constitutional law.

Contract: An agreement or a mutual promise between two or more parties to do something (legal) in exchange for a consideration (monetary or otherwise) as decided, is known as a contract. A contract could be oral or in writing and is legally binding upon all parties thereto.

Deposition: The process of testifying under oath or by way of an affidavit is called deposition.

Due diligence: The process of rendering or taking reasonable care vis-a-vis a matter. For example, checking all relevant documents before entering an agreement thoroughly. Due diligence is considered an extremely crucial and extensive exercise in cases of mergers and acquisitions before the same take place- both parties conduct due diligence and vet each other.

Mens rea: This is a Latin term which means “guilty mind”. The term is commonly used in Indian laws to denote a culpable state of mind or the criminal intent of an accused while committing the purported criminal act. Often, in cases when mens rea cannot be established, the accused is deemed not guilty of the crime in question.

Misdemeanor: A crime or wrongdoing which is not of a very serious nature legally- the term of imprisonment awarded would be less than a year.

Prima facie: This is a Latin term for “at first look” and is used to explain what can be understood on first glance (of facts and circumstances).

Prima facie case: The term prima facie case is used in situations where it is believed that the case can be proved in in favour of the plaintiff upon a brief glance at the initial facts presented.

Provisional remedy: A provisional remedy is provided to a plaintiff temporarily while further legal action is under course.

Punitive damages: Damages which are awarded to the plaintiff (to be paid by the accused) as punishment over and above those awarded to cover the basic damages caused (see compensatory damages above).

Statute: A written law passed by Congress or another legislative body.

Title: The legal name to the ownership of a personal property or document that could also be used to establish claim and/ or evidence in case of disputes. In case of real estate for example, such titles are established by way of deeds.

Title search: An examination of public records to determine the state of a title and confirm that the seller of a property is its legal owner.

Tort: The term tort is derived from French where it means “wrong”. A tort is the commission of a wrongful or illegal act irrespective of whether it was does intentionally or accidentally. The only necessity is that the commission of the wrong resulted in an injury of some sort. Tort law is considered one of the largest , almost, all encompassing aspects of civil law.
26th November 2017 From India , Delhi

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