English-RG.pdf - Class u2013B.A.LL.B(HONS II SEM Subject...

Unformatted text preview: Class –B.A.LL.B (HONS.) II SEM. Subject – English SYLLABUS UNIT-I - VOCABULARY Foreign words and phrases Set expressions and phrases One word substitution Words often confused Synonyms and Antonyms, especially Legal words UNIT-II COMPREHENSION SKILLS Comprehension of Legal texts Common logical fallacies Comprehending legal passages through queries UNIT-III DRAFTING SKILLS Legal Drafting Preparing legal briefs Precise and summary 1 Class –B.A.LL.B (HONS.) II SEM. Subject – English SYLLABUS UNIT-IV GRAMMAR Cohesive Devices, Combination of sentences Sentence structures, verb patterns Modals Possessives and 'Self' forms UNIT-V COMPOSITION AND TRANSLATION Legal topics for essay writing Translation and Transliteration 2 Class –B.A.LL.B (HONS.) II SEM. Subject – English Unit – I Vocabulary Foreign Words and Phrases The following Latin words and phrases are often used in English: ab ante before; in advance ab initio from the beginning ab intestate in the Civil Law act in pais a judicial or other act performed out of Court and not a matter of record actum a deed; something done actus reus wrongful act ad alium diem at another day ad audiendum to hear ad hoc arranged for the purpose or object ad infinitum ad idem tallying in the essential point ad infinitum without limit; to infinity ad interim in the meanwhile; temporarily adjourn sine die adjournment to unfixed future date ad nauseam disgusting extent ad sectam at the suit ad valorem according to the valuation aequus equal aequitas equally a fortiori all the more; with strong reason agio related to money-changing alias otherwise called alibi elsewhere aliter otherwise or in other words aliunde from another source alleviare in old records alma mater school attended alter ego the other self a mensa et thoro from table and bed; now means judicial separation amicus curiae a friend of the Court; an impartial adviser animus an intention; hostility animus deserendi intention to desert animus domini the intention of possession and ownership by entry or user animus manendi the intention of remaining animus possidendi intention of possess and exclude animus revertendi the intention of returning anno Christi (A.C.) in the year of Christ anno Domini (A.D.) in the year of our Lord ante meridiem (a.m.) before noon a posteriori an argument based on observation or experiment a priori an argument based on analogy or abstract consideration; from the cause to the effect argumentum ad hominem argument of personal attack, not of reason 3 Class –B.A.LL.B (HONS.) II SEM. Subject – English argumentum ad baculum a term of logic meaning argument of the stick i.e. of force, not of reason assensio mentium mutual consent au revoir till we meet again; bye-bye auter droit the right of another autre fois acquit when a person is acquitted, he cannot be afterwards indicted for the same offence autrefois convict when already convicted of the same crime, entitling the party proving it to a discharge bona fides genuine; in good faith bona fide good faith bona vacantia ownerless property; goods without an apparent owner in which no one claims a property breve a writ breve de necto a writ of right of estate carte Blanche complete freedom to do something casus belli act justifying war causa a cause causa causans the immediate cause causa omissus a point unprovided for by a statute cause celebre a legal case that excites widespread interest causa mortis in respect of death causa proxima the immediate cause caveat a warning enjoining from certain acts or practices caveat emptor let the person beware a prerogative writ of superior Court to call certiorari for the records of an inferior Court certiorarified mandamus a merger of the two writs viz. certiorari and mandamus cesus belli an occurrence giving rise to war cestui que trust the person who possess the equitable right to property and receives the rents thereof; the legal estate of which vested in a trustee cestui que vie the person for whose life the land is held charge-d' affaires a person who represents compos mentis sound in mind commercium commerce contra against; on the other hand coram non judice before one who is not the judge corpus delicti the body of facts which constitute an offence culpa lata gross negligence culpa levis slight negligence cypres near to it damage-feaisant doing damage damnosa haereditas an unprofitable inheritance damn um sine (abseque) injuria damage without injury i.e. damage caused without legal wrong data what is given decree nisi a decree to be made final unless a contingency happens de die in diem from day to day continuously de facto in actual fact de hors outside of; unconnected with 4 Class –B.A.LL.B (HONS.) II SEM. de jure de luxe de novo dictum divide et impera dolt in capax donatio mortis causa ejusdem generis en masse en route en ventre sa mere error et cetera ex abundanti cautela ex cathedra ex contractu ex debito justitiae ex delicto exempli gratia (e.g.) ex facto jus oritur ex gratia exit ex mero motu ex officio ex parte ex post facto extempore ex turi causa ex vi termini factotom facsimile facta probantia factum, probandum fait accompli fait enrolle felo de se feme covert feme sole fiat filius nullius filius populi filium aquae flagrante delicto forum functus officio guardian ad litem habeas corpus Subject – English in law; by legal right of high quality anew; starting again a statement of law made by a judge in the course of the decision of a case, but not necessary to the decision itself, and therefore, not of binding effect divide and rule incapable of malice (children under seven years of age) a gift made in contemplation of death of the same kind of nature all together on the way to in its mother's womb errata (pl. erratum) things of the same class as those which are contained in the list; and the rest from abundant or excessive caution with official authority (from the chair) actions arising out of breaches of contract as a matter of right from the crime for example the law arises out of the fact as a matter of favour or grace way out of his own accord by virtue of an office one side only made after the occurrence spoken without preparation from a base cause from the force or meaning of the expression a man of all work make it like; an extra copy a perfect copy facts tending to prove or disprove the fact to be proved; the fact in issue not reversible a deed enrolled a suicide a married woman an unmarried woman a decree the son of no one (an illegitimate son) the son of the people (an illegitimate son) parting properties (the thread of middle of a stream) in the very act of committing the crime a Court a person who has performed his duty an infant defends proceedings by a guardian ad litem writ of the Court requiring arrested person to be bodily brought 5 Class –B.A.LL.B (HONS.) II SEM. haereditas Jacens haeres factus hic jacet ibid; ibidem; id idem ad idem per idem id est (i.e.) idiot impasse impedimenta imprimatur in alio loco in arbitrio judicis in articulo mortis in camera in curia in esse in extenso in extremis in flagrante delicto in forma pauperis in futuro in invitum injuria sine damno in limine in loco parentis in memoriam in pais in pari delicto in pari materia (in pari causa) in personam in presenti in re in rem in situ in situ pupillari in status quo inter alia inter se inter vivos in toto in transitu intra vices in ventre sa mere ipse dixit jus jus ad rem Subject – English before it to investigate the legality of his detention an inheritance not taken up heir appointed by will here lies, (used of a dead person) in the same place, volume or case of the same mind; agreed proof; illustration that is (to say) a feeble minded person dead lock baggage a licence to print or publish in another place at the discretion of the judge a dying declaration a judge's private chamber; not in public in Court actually existing at full length at the last gasp caught in the act of adultery or crime as a poor person in the future against a person's will injury without damage at the outset in place of parent in memory of done without legal formalities when both parties are equally in fault in an analogous cause, case or position in against a person at the present time; at once; immediately in the matter of the expression against the world : judgments which are conclusive not only against the parties thereto but also against the whole world in its own place under guardianship in the 'former position among other things among themselves between living persons totally; completely; entirely; wholly in course of transit within the power of in the mother's womb domatic statement resting on bare authority ipso facto by the very nature of the case; by the very fact law or right an inchoate and imperfect right 6 Class –B.A.LL.B (HONS.) II SEM. jus tertii lex domicilii lex fori lex loci contractus lex loci delicti lex loci rei sitae lex mer catoria lex non scripta lex scripta lex talionis lis pendens loco citato (loc. cit.) loco price locus in quo locus regit actum locus standi locus tenens magnum opus mala fide mala in se mala prohibita malitia prae cogita mandamus mens rea mesne profits meum et teum misfeasance modus operandi modus vivendi mutatis mutandis nemo ne plus ultra nexus nisi nisi prius non compos mentis non est factum non obstante clause non-sequitur nota bene (N.B.) nudum pactum null and void nun cupative will obiter dictum Subject – English the right of third party the law of the place of a person's domicile the law of the place where an action is instituted the law of the place where the contract was made the law of the country where a tort has been committed the law of the place where the thing is situate the law of merchant the unwritten law the statute law; the written law the law of retaliation during the pendency in any Court in that part of the work which has just been referred to ex-warehouse price of good the place where it is alleged a thing has been done or happened the place governs the act right to speak or intervene in a matter; recognised status; literally a place of stand on one who lawfully executes the office of another literally great composition; used for an artist's chief work in bad faith acts wrong in themselves acts prohibited by human laws malice after thought literally means a command; an order of a most remedial nature; an order issued from the High Court directed to any person or corporation criminal intention or guilty mind intermediate profits mine and thine an act of wrong doing mode or method of working a way of life; the manner of living with necessary changes. This phrase is often used in legislation in applying or extending legislative provisions to same or similar circumstances or to same or similar subjects no one; nobody the highest point of perfection bond; link or connection unless a trial before a judge with a jury not of sound mind it is not his deed notwithstanding clause does not follow note well; take notice a bare promise of no legal effect an oral testament; any declaration incidental opinion, passing remark or remarks 7 Class –B.A.LL.B (HONS.) II SEM. onus probandi ore tenus overt par avion par excellence pari passu participient criminus passim pater familias peraente lite prima facie per anum per capita per curiam diem jure per jure per mensem per pro per se persona designata persona grata persona non grata pon post mortem pro and con pro have vice proprio vigore pro rata pro tanto pro tempore proviso public juris puisne qua quantum meruit quantum valebat quod erat demostrandum quid pro quo quoad hoc quondom quorum quo warranto raison d' etre ratio decidendi Subject – English burden of proof by word of mouth open by air without comparison along with; proportionately sharer of crime passages; statements; opinions etc. head of the family during litigation at first sight; based on first impression in the year counting by heads the decisions arrived at by the Court consisting of two or more judges by the day to cause to tell lie in a Court after saying that he will tell truth by the month by procuration by itself, taken alone person pointed out as an individual an acceptable person an unacceptable person consideration; price; premium after death reason for and against for this occasion by its own force in proportion for so much; to that extent for the time being a clause in a deed or section of a statute which limits or qualifies the principal clause of public right subordinate, inferior in rank in the character of as much as he had earned as much as they are worth which was the thing to be demonstrated something in return, consideration as to that that which no longer has its former character specified number of members forming a board competent to transact business a prerogative writ which can be granted by the Supreme Court and High Courts to inquire from the other party by what authority he claimed or usurped the office, franchise or liberty in order to determine the right reason or justification for existence reasons underlying a decision 8 Class –B.A.LL.B (HONS.) II SEM. referendum res res derelicta res Integra res gestae res judicator res nullius resume rule nisi sans recourse savoir faire scienter secus seisin simpliciter sino anno sine die sine qua non solatium spes successionis stare decisis status quo subjudice subpoena subrosa suggestio falsi sui generis sui juris summum banum Suo motu supressio veri sus per coll terminus a quo terminus ad quem terra firma testatum testimonium tete-a-tete toties quoties tour de force transfer inter vivos Subject – English a vote of electors on a particular matter or measure a thing an abandoned thing a matter not yet decided the fact involved in the determination of an issue 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 over again; a case or suit already decided a thing which has no owner summary a rule or order upon condition that is to become absolute when cause is shown to the contrary without recourse the ability to do the right thing in any social situation knowingly otherwise; to the contrary effect the possession of land or chattels by one having title thereto absolutely without qualification without date to a date not at the moment fixed an indispensable condition a sum paid to an injured party over and above actual damage the right of a person to succeed as heir on the death of another person a judge seeking guidance from past decisions, but is not bound to follow them the former state or decision under judicial consideration a writ ordering a person to appear in the Court of law under penalty secretly, literally under rose misrepresentation of its own kind, unique of his own right the highest good by itself wilful concealment of truth let him be hanged by the neck the starting point the terminal point dry land; firm ground a clause in a deed which witnesses the operative act to be effectuated by the deed a concluding part of a deed which generally begins with the words, 'in witness'. an informal private conversation between two people as often an occasion arises remarkable deed transfer between living persons 9 Class –B.A.LL.B (HONS.) II SEM. trespasser ab initio uberrimae fidei ubi supra ullage ultra vires vade mecum vadium mortuum verbatim et literatim verrus (v) via media vicarious liability vice vice versa vida videlicet (viz.) vie vinculum juris vires visa vis-a-vis vis major viva voce volte face vox populi vox Dei Subject – English trespasser from the beginning of the utmost good faith in the place above (mentioned) the quantity required to fill partly filled vessel illegal; beyond one's power a constant companion a deep pledge; a mortgage word for word and letter for letter against a middle course liability of the master for the acts of the servant or agent done in the course of his employment in place of the order being reversed see; refer to namely (that is to say) by way of; through legal bond authority or power an endorsement made on passport by the proper authority denoting that the bearer may proceed the relationship of one or two persons or things to the other, when facing or situated opposite to each other irresistible violence oral examination a sudden change to an opposing set of plan of action the voice of the people the voice of the God 10 Class –B.A.LL.B (HONS.) II SEM. Subject – English Certain Set Expressions and Phrases A phrase is a group of words, often without a finite verb, forming part of a sentence. There are a large number of Verbal, Adjectival, Noun and Adverbial phrases in English. They are very useful in making the language beautiful and precise. However, some phrases keep the basic meaning of the individual words. Idioms are phrases and are expressions peculiar to a language. Idioms express special meanings generally leaving their original meaning. Idioms come from the usage of people. Knowledge of the meaning of the constituent words of idiomatic phrase gives us no clue and carries on a new meaning. Hence, idiom is the life blood of the language. There are hundreds of idioms in English language. It is not possible to print them all here. Hence, a few important and common idioms are presented here and it is better to refer any good dictionary for many more. Idioms can only be learnt by persistent reading of literature. English idiom is quite different from that of French, Latin or Italian. Some Common Phrases above all—chiefly Mahatma Gandhi was, above all, a saint. above board—fair His conduct is always above board. above par—selling at a price higher than the original The stock is above par today. according to—on the authority of According to a school of philosophy, the world is an illusion. after all—on the whole Home is, after all, the best school in the world. all along—through out He has all along been entrusted with that subject. all at once—all of a sudden All at once I saw a host of golden daffodils. all but—nearly He was all but doomed. all in all—all powerful The then Vice-Chancellor was all in all at Cambridge. all the better—by far the better It will be all the better, if he leaves this place. all the same—the same in result It is all the same whether you stay or go. all the while—all the time The girl was all the while thinking of her mother. and all that—et cetera Virtue consists in truthfulness, honesty, modesty, purity, and all that. 11 Class –B.A.LL.B (HONS.) II SEM. Subject – English anything but—not at all His grief is anything but real. as a matter of fact—in reality Everybody thought that he would lavishly help the orphan, but, as a matter of fact, he did no such thing. as a rule—usually As a rule, the' is not used before a proper noun. as ever—like always He has lost his fortune, but he is as cheerful as ever. as far as—upto He accompanied her as far as the church. as if—as though He fell to the ground as if he were dead. as for—as to As for that, I have nothing to say. as long as—throughout life I helped the man as long as he lived. as regards—relating to As regards his criticism, this much can be said that he has not fully grasped the meaning. as such—therefore He was his accountant, and as such was likely to have been partial. as though—as if He behaved as though he were the man in power there. as usual—according to habit He has gone out for his morning walk as usual. s well—also You may as well go there. as well as—in addition (to) He gave me money as well as some advice. as yet—upto the present moment I have not as yet received the reply. at one blow—all at once They hoped to end the fight at one blow. at a breath—without pause Who can run a mile at a breath? at a discount—below face value Shares of many companies are available at discount. at a glance—quick look at He understood everything at a glance. at a heat—at one effort No great work has been done at a heat. at a loss—puzzled I am at a loss to understand what I should do now. at a stretch—without st...
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