Legal Studies and Judicial Concepts Flashcards

Vocabulary practice flashcards covering core legal concepts, constitutional provisions, dispute resolution mechanisms, contract, tort, property, IPR, legal entities, international law, and legal aid based on the notes.

Supreme Court of India

The apex court of India located in New Delhi, established on January 28, 1950, which replaced the Federal Court of India and the Judicial Committee of the Privy Council.

Attorney General of India

The chief legal advisor at the Union level in India, appointed by the President under Article 76, who holds office during the President's pleasure.

Advocate General

The chief legal advisor to the State Government in India, appointed by the Governor under Article 165.

Common Law System

A legal system inherited from British tradition in which judicial decisions, orders, and judgments create binding precedents for subordinate courts.

Adversarial System

A dispute resolution model where opposing parties present their cases through lawyers and a neutral judge decides the claim based solely on presented evidence and arguments.

Inquisitorial System

A legal model common in civil law countries where judges take an active, interventionist role in investigating facts, probing evidence, and combining investigative and adjudicative roles.

Habeas Corpus

A legal writ issued under Article 32 or Article 226 ordering the release of an unlawfully detained person.

Mandamus

A legal writ issued under Article 32 or Article 226 ordering a public authority to perform its official legal duty.

Prohibition

A legal writ issued to prevent a subordinate court or tribunal from continuing a case beyond its jurisdiction.

Quo Warranto

A legal writ directing a person to vacate an office they wrongfully occupy or hold without legal authority.

Certiorari

A legal writ issued to remove a case from a subordinate court or tribunal to a higher court for review.

Special Leave to Appeal

A discretionary power granted to the Supreme Court under Article 136 of the Indian Constitution to grant direct appeal against any judgment, decree, or order from any court or tribunal in India.

Public Interest Litigation (PIL)

A non-adversarial legal mechanism where locus standi is relaxed, allowing public-spirited citizens or organizations to approach the court on behalf of victims to protect public interest and fundamental rights.

Amicus Curiae

A Latin term meaning 'friend of the court', referring to an advocate appointed by the court to argue a case involving an unrepresented party or matters of general public importance.

Court of Record

A court whose judgments, proceedings, and acts are permanently recorded for evidentiary value and legal precedent, and which possesses the authority to punish for contempt.

Collegium System

A judicial creation for appointing judges in India, where the Chief Justice of India consults senior judges to make recommendations for judicial appointments to the executive.

Judicial Review

A legal doctrine allowing courts to examine executive or legislative acts to determine their compatibility with the Constitution and declare them invalid if unconstitutional.

Doctrine of Basic Structure

A judicial doctrine established in the Kesavananda Bharati case (1973) stating that Parliament cannot alter or destroy the essential, basic features of the Indian Constitution through amendments.

Arbitration

An ADR mechanism governed by the Arbitration and Conciliation Act, 1996, where parties submit their dispute to a selected neutral expert (arbitrator) whose decision (award) is legally binding.

Mediation

A voluntary and informal ADR process where a neutral third party (mediator) facilitates discussion between disputing parties to help them reach a mutually acceptable agreement.

Conciliation

An ADR technique where an interventionist neutral third party (conciliator) actively suggests potential terms of settlement to resolve a dispute without litigation.

Lok Adalat

A forum established under The Legal Services Authorities Act, 1987, presided over by judicial officers and members to settle pending court cases or pre-litigative disputes through compromise and conciliation.

Ombudsman

An independent official appointed to investigate and resolve customer or public complaints against institutions or governmental bodies, typically using recommendations or mediation.

Lokpal

An anti-corruption ombudsman established at the Union level under The Lokpal and Lokayukta Act, 2013, to inquire into allegations of corruption against public servants.

Contract

An agreement enforceable by law as defined under Section 2(h) of the Indian Contract Act, 1872.

Consideration

The element of 'something in return' (quid pro quo) required for an agreement to form a valid contract under the Indian Contract Act, 1872.

Void Contract

A contract that ceases to be enforceable by law and becomes void when it ceases to be enforceable, under Section 2(j) of the Indian Contract Act, 1872.

Voidable Contract

A contract that may either be affirmed or rejected at the option of one of the parties whose consent was affected by coercion, undue influence, fraud, or misrepresentation, under Section 2(i) of the Indian Contract Act, 1872.

Contingent Contract

A contract defined under Section 31 of the Indian Contract Act, 1872, to do or not to do something if a future uncertain event does or does not happen.

Wagering Agreement

An agreement based on a bet where parties hold opposite views on an uncertain event with equal chances of gain or loss and no other interest than winning or losing; declared void under Section 30 of the Indian Contract Act, 1872.

Novation

The discharge of a contract by replacing an existing contract with a new contract with mutual consent of the parties.

Tort

A civil wrong or wrongful act (intentional or accidental) causing injury or harm to another, for which the legal remedy is an action for unliquidated damages.

Battery

An intentional tort involving the direct and intentional application of physical force to another person without lawful justification.

Assault

An intentional act that creates a reasonable apprehension of imminent harmful or offensive contact in the victim.

Defamation

The publication of an intentional false statement that harms the reputation of an individual; divided into libel (written/permanent) and slander (spoken/transient) under English law.

Strict Liability

The legal rule from Rylands v. Fletcher holding a person liable for damage caused by the escape of an inherently dangerous or non-natural substance brought onto their land, subject to certain exceptions.

Absolute Liability

A non-fault liability principle established in M.C. Mehta v. Shri Ram Foods and Fertilizer Industries holding enterprises engaged in hazardous activities strictly liable for any damage caused, without any exceptions.

Immovable Property

Property defined under the General Clauses Act, 1897 and Section 3 of TPA, including land and benefits arising out of land, but excluding standing timber, growing crops, and grass.

Doctrine of Election

A legal principle under Section 35 of the Transfer of Property Act, 1882 based on 'quod approbo non reprobo', requiring a person receiving both a benefit and a burden under the same instrument to accept both or reject both.

Doctrine of Lis Pendens

A principle under Section 52 of the Transfer of Property Act, 1882 stating that property under active litigation cannot be transferred to affect the rights of any party to the suit.

Copyright

A bundle of exclusive legal rights granted under the Copyright Act, 1957, to creators of original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings.

Patent

A statutory exclusive right granted by the government under the Patents Act, 1970, to an inventor for a period of $20\text{ years}$ to make, use, sell, or import a novel, non-obvious, and industrially applicable invention.

Trademark

A distinguishing mark, brand, logo, or word protected under the Trade Marks Act, 1999, used by a business to identify and distinguish its goods or services from those of others.

Trade Secret

Confidential commercial information (such as formulas, patterns, or client databases) that derives economic value from not being generally known to the public.

Geographical Indication (GI)

A legal designation identifying a product as originating from a specific region, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.

Sustainable Development

Economic development that meets the needs of the present without compromising the ability of future generations to meet their own needs, as defined by the United Nations General Assembly in 1987.

Agenda 21

A comprehensive program for global action on environment and development adopted at the 1992 Rio Earth Summit, emphasizing community participation for sustainable development.

Sole Proprietorship

A business structure owned, managed, and controlled by a single individual with no legal distinction between the owner and the business, where the owner enjoys all profits and bears unlimited liability.

Limited Liability Partnership (LLP)

A body corporate formed under the Limited Liability Partnership Act, 2008, combining the benefits of limited liability for partners with the internal operational flexibility of a traditional partnership.

One Person Company (OPC)

A legal entity incorporated by a single person under Section 2(62) of the Companies Act, 2013, providing separate legal entity status and limited liability protection to a single owner.

Public International Law

The body of law regulating legal relations, rights, and duties between sovereign states and international entities.

Private International Law

Also known as 'Conflict of Laws', a set of rules and principles governing legal transactions and disputes involving private individuals or corporations across different state jurisdictions.

Jus Cogens

Peremptory norms of customary international law so fundamental that no derogation or override by treaty or agreement is permitted.

Customary International Law

Rules of international law derived from a general, consistent state practice accepted as law, evidenced by consistent state practice and opinio juris.

Erga Omnes Obligations

Legal obligations owed by a state towards the international community as a whole, allowing any state to take action against grave violations such as genocide.

Legal Aid

The provision of free or low-cost legal advice and court representation to individuals of limited economic means or social disadvantages, guaranteed under Article 39-A of the Indian Constitution.