Thursday, June 27, 2019

74 Useful Legal Terminologies for Legal Drafting


Accentuating – More noticeable.
Accustomed – Customary ; usual.
Ad hoc – created or done for a particular purpose as necessary.
Advent – arrival of a notable person or thing.
Aequitas – Equity i.e fair or just according to natural law.
Arenas – a place or scene of activity , debate , or conflict.
Averred – allege as a fact in support of a plea

Bona fide – in good faith.

Cavil – Argument by which a conclusion evidently false , is drawn from a     principle evidently true.
Certiorari – a writ of a superior court calling forth the records and entire proceedings of an inferior court or a writ by which causes are removed from an inferior court into a superior court.
Construed – interpret in a particular way.
Consonance – Agreement or compatibility , between opinions or actions.
Consortium – the right of association and companionship with one’s husband or wife
Credential – a qualification, achievement , quality, or aspect of a person ‘s background , especially when used to indicate their suitability for something.
Crescendo – Progressive increase in intensity.
Curative petition – question arises whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition

Demarcate – Set the boundaries or limits of.
Detention –the act of detaining someone or the state of being in official custody.
Discernible – able to be discerned ; perceptible.
Discrepancy – an illogical or surprising lack of compatibility or similarity between two or more facts.
Dissuade – persuade not to take a particular course of action.
Dreadful – involving great suffering.

Embezzlement – Theft or misappropriation of funds placed in one’s trust or belongings to one’s employer.
Elusive – Difficult to find , catch or achieve.
Enigma – Mysterious or difficult to understand.
Erect –rigidly upright or straight.
Erudite – learned.
Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Evacuee – A person evacuated from a place of danger.
Ex gratia –as an act of grace or favour.
Expedient – To Prioritize , to rush

Habeas corpus – a prerogative writ to a person who detains another in custody and which commands him to produce or ‘ have the body of that person before him ‘

In rem – an act , proceeding or right available against the world at large, as opposed to in personam.
Inter alia – among other things

Legal Luminary – a person who inspires or influences others , especially one prominent in a particular sphere.

Mesne – middle, intervening or tame by nature.

Nocumentum – an annoying , unpleasant or obnoxious thing or ptactice.
Non obstante – notwithstanding
Noscitur a socits – a word known by its associates , i.e the meaning of a word cab be gathered from the context.

Obiter dictum – an incidental and collateral opinion uttered by a judge while delivering a judgement and which is not binding.
Oblivious – Aware.
Ordinance – An authoritative order

Pari material – on the same material.
Pendente lite – during the process of litigation.
Per se – by itself
Perished -  die , especially in a violent or sudden way.
Pertinent – Relevant  or applicable to a particular matter , apposite.
Plagiarized – the act of appropriating the literary composition of another , or parts or passages of his writings , or the ideas or language of the same , and passing them off as the product of one’s own mind.
Plenary – unqualified ;  absolute
Preclude – prevent from happening ; make impossible.
Prejudiced – harm or injury that results or may result from some action or judgement.
Prima facie – on the face of it.
Promulgation – to make known by open declaration; publish ; proclaim formally or put into operation.

Ratio Legis – according to spirit of law
Rationale – set of reasons.
RE – in the matter of.
Rebuttable – an instance of rebutting evidence or an accusation.
Res judicata – a case or suit already decided.
Res sub judicata – a matter under judicial consideration.
Retrospectively – looking back.

Sardonic – grimly mocking or cynical.
Sceptical – Doubtful.
Scienter – knowledge ; an allegation in a pleading that the thing has been done knowingly.
Scuffle – a short , confused fight or struggle at close quarters.
Status quo – the state in which the things are , or were.
Submergence – to cover ; bury.
Superannuation – pension paid to a retired employee who has contributed to a superannuation fund.
Supra – above.

Transgression – An act that goes against a law , or code of conduct ; an offence.
Treacherous – Guilty of or involving betrayal.
Tedious –Too long , slow or dull.

Unfettered –  not confined or restricted

Vicinity –the area near or surrounding a particular place.
Volkogeist – general awareness of the people.

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