SIMPLE LEGAL TERMS TO BE KNOWN

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This article is written by P. Rahini of Sathyabama Institute of Science and Technology an intern under legal vidhiya.

ABSTRACT:

This article discusses the basic legal terms which are being used in our day-to-day life. To proceed with court proceedings, one must be familiar with basic terminology related to law. wherein the words like judgement, order, suit, foreign courts, affidavit, plaint, and written statement, these are the words which are commonly used. Therefore, you can learn about those phrases straightforwardly here.

INTRODUCTION:

A list of terminology used frequently in the law that every business owner, entrepreneur, and the average person should be familiar with. You can better comprehend legal issues and follow a conversation with a lawyer if you are aware of the meanings of the following legal terminology. When you communicate with another person with some legal concerns like a contract, or by-laws, which will be included with some legal documents means, you should know those basic terminology at least, as the language used by them will be through legal language So it is pretty crucial to have a general comprehension of legal terminology. The need for language to be utilised as a medium of education offers a substantial obstacle to accessibility for any pupil or researcher who wishes to study this discipline in the modern period when legal education is gaining importance as an effective and progressive area of learning. rather than focusing on clinical legal education, the Indian legal education curriculum predominantly emphasises theoretical knowledge.

KEYWORDS:

Judgement, decree, order, suit, affidavit, plaint, written statement.

What is a judgement?

The words judge and statement were combined to get the term judgement, which refers to both functioning as a judge and making judgements. In legal proceedings conducted through the court, a judgement is sometimes referred to as a decree, which might be referred to as a judicial verdict. When a dispute between the parties arises and the court issues a judgement as a resolution, it determines the conclusion. This is known as judgement. The definition of “judgement and decree” is given in section 33 of the Code of Civil Procedure. the general meaning of judgement is the process of creating an opinion or judgement by distinguishing and comparing.

According to section 2(9) of the Code of Civil Procedure of 1908, the term “judgement” is defined. When there is a disagreement between two parties and the evidence is presented in court to resolve the matter, the judge will issue the judgement, which is the final decision. The judgement will state the judge’s reasoning for the decision, so it plays a crucial role in the operation of our judicial system. Cases will only be resolved after the judgement is issued.

Difference between judgement and decree

JUDGEMENT	DECREE
Before decreeing, judgement is rendered.	A decree is always followed by a judgement.
A judgement is supported by facts.	A decree is founded on a judgement.
The definition of judgement is in Section 2(9) of the Code of Civil Procedure, 1908.	The definition of the decree is provided in Section 2(2) of the Code of Civil Procedure, 1908.
It has no types	It is divided into three types
The judgement is passed in both civil and criminal suits	The decree is passed in a civil suit.
When the judgement is rendered and the decree is created, the case is finally resolved.	After the court issues the decree, the case is considered closed because the court has finally decided the parties’ rights.

ORDER:

A court order is formally defined as a demand, declaration, or mandate made by a judge or group of judges. Orders may be verbal or written. A written order from a judge or court to perform certain activities or refrain from performing others.

An order is defined as the legal form of any civil court verdict that is not a decree under Section 2(14) of The Code of Civil Procedure,1908. So, it may be said that an order is a judgement or instruction of a court that is enforceable upon each party but does not constitute a formal representation of adjudication of a civil dispute or that establishes the rights of the parties in a definitive manner.

Important Components of an Order:

Formal Expression
The Expression should not be a decree
A civil court is required to make the decision.

An order of the court is a written directive or order issued by a judge or by a court. The legal connection between the parties to a hearing, a trial, an appeal, or other court processes is defined by an official declaration made by a judge. Such a decision mandates or permits one or more parties to a lawsuit to do particular actions. A judge must sign a court order, and certain states could further demand that it be notarized. It contains precise instructions, expectations, or other guidance for a kid and is a legally binding document that identifies the concerned youngster. It excludes the straightforward recommendation or proposal of services.

Orders include, for instance, temporary injunctions granted according to Order 39 of the Code of Civil Procedure and decisions rendered in opposition to applications.

Classification:

There are two types of orders:

1. Not appealable; ordinarily, orders are not appealable, but there are some special circumstances where an appeal may be made in the interest of justice.

2. Appealable; 25 orders may be appealed by Section 104 and Order 43’s Rule 1.

Orders can also be categorised as follows:

Final Order: The order that definitively established the parties’ rights.
Interlocutory orders: Provisional orders made by the Court during the case.

SUIT:

A suit is a civil proceeding that is started in a court of law to address a legal wrong or enforce a civil right. It is a continuous process from the time it is started until the time it is successful in obtaining the relief it seeks.

The suit is a general term for any complaint (or petition) that is filed and seeks legal redress through judicial action; frequently referred to as a “lawsuit.” Informally referred to as a “petition,” a lawsuit seeking an order for specific action rather than a monetary judgement is a “suit in equity.”

The Basics of a Suit:

Four components make up a suit, and they are as follows:

Parties
Subject matter
causes of action
the relief claimed by the plaintiff

Parties:(Order I)

There must be at least two parties—the plaintiff and the defendant—in a lawsuit. The maximum number of plaintiffs or defendants is unrestricted.

Parties can be divided into two categories: suitable parties and essential parties. The importance of a necessary party in a lawsuit is that their presence is important for the suit’s formation, they are the target of the relief sought, and without them, no effective orders can be made. An appropriate party is one whose absence does not prevent an effective order from being made, but whose presence is required for a final determination of the issue at hand.

Subject Matter:

A subject matter, or combination of facts, must exist for the plaintiff to be granted the relief for which he has asked. The root of the action is included.

Causes of action: (Order II, Rules 3, 6 and 7)

It comprises a list of details or conditions that the plaintiff must substantiate to prevail. It acts as the suit’s framework. It contains all the crucial information that makes up a plaintiff’s right and the alleged infringement of that right, making it a prerequisite for bringing or instituting any legal action. The facts must be stated straightforwardly. If there is a claim against a person, that individual is a party to the lawsuit.

The relief claimed by the plaintiff:

Relief is a legal remedy for the injustice that the plaintiff has suffered. No court will grant relief unless the parties to the litigation specifically claim it. Reliefs come in two flavours: specific and alternative.

AFFIDAVIT:

The affidavit is a written declaration given under oath by a party in the presence of an oath commissioner or a notary public. Affidavits being used as evidence in trials. Counter-affidavit refers to an affidavit that a respondent submits in response to a petition. Rejoinder affidavits are used by the petitioner to respond to a counter.

any magistrate with judicial or executive authority.
a High Court or Court of Sessions-appointed commissioner of oaths.
any Notary appointed in accordance with the Notaries Act of 1952.

The Vitality of Affidavits:

Affidavits are frequently used in courts, and orders are frequently made based on them, with the exception of cases involving final judgements. Additionally, applications backed by affidavits must be made in order to use the court’s authority under various provisions of pertinent legislation, including procedural acts.

The function of an affidavit:

An affidavit is used to formally validate a claim. These court records are used in a dispute along with witness accounts or pertinent proof. A person who signs an affidavit must personally know the facts contained in it, and they must swear under penalty of perjury that they are completely truthful in the affidavit for it to be valid.

Affidavits are important sources of information when trying to resolve a disagreement. Affidavits can influence a court’s decision when used properly. Some affidavits, including financial affidavits, are used to certify details about the parties to a lawsuit’s lives. Affidavits are fundamentally used to provide verifiable facts in a manner that may be reasonably guaranteed to be accurate.

Affidavit drafting instructions:

Affidavits must be written in the initial individual, and the subject matter must be broken up into paragraphs that are numbered in order. In an affidavit, each paragraph should ideally just cover a small fraction of the issue. Affidavits must include the full name, father’s name, religion, age, profession, occupation, and place of residence of the individual who is the subject of the document. The initials of the officer in front of whom the affidavit was taken should be used to authenticate any revisions or alterations to the document.

PLAINT:

The plaintiff’s claim is set down in a plaint, which is a legal document brought to a civil court with appropriate jurisdiction. It is a plaintiff’s pleading and the initial action in starting a lawsuit. What exactly does a plaint contain now? A plaint outlines the main points of the civil lawsuit, including the plaintiff’s claim. It demonstrates the plaintiff’s complaints as well as potential causes of action. Although it has not been defined by the CPC, Order VII of the CPC does contain some definitions.

Specifics of a Plaint:

the title of the court where the case was first filed.
Name, address, and details of the plaintiff’s home.
Name, address, and details of the defendant’s home.
A declaration of insanity or minority if the plaintiff or defendant falls under either of those categories.
the circumstances that gave rise to the cause of action and when it did so.
facts demonstrating the court’s jurisdiction.
The relief demanded by the plaintiff.
The sum that the plaintiff has either agreed to accept or has waived.
a declaration outlining the amount of the case’s admitted value for the object of the lawsuit.

WRITTEN STATEMENT:

A written Statement is not anything more than the defendant’s response to the plaintiff’s complaint. It is the defendant’s pleading in which he addresses the crucial facts raised by the plaintiff in the plaint, clarifies any new information that favours him, and raises legal challenges to the allegations made by the plaintiff. Defendant has the right to refute the claims made in the complaint against him in writing. In addition, as a counter-argument, he may assert the right to write off any amount of money that the plaintiff owes him (Order 8 Rule 6). The defendant, on the other hand, may file a counterclaim accompanying his written statement if he has any claims against the plaintiff relating to any of the issues stated in the plaint (Order 8 Rule 6A to 6G).

Who can submit a written statement?

The defendant or his lawfully appointed agent may file a written statement. If there are multiple defendants, each defendant must sign the joint written statement that is led by them. However, it will be sufficient if it is corroborated by a single them who is familiar with the case’s details.

The time period for writing a statement:

After being served with the summons, he has thirty days to file a written statement. Up to 90 days may be added to the aforementioned time frame.

Difference between Plaint and Written Statement

PLAINT	WRITTEN STATEMENT
The plaintiff’s claim is supported by a legal document detailing the legal basis for the action as well as other necessary details	A “written statement” is an answer to the complaint that includes all relevant information.
It includes the name of the court, the plaintiff’s and defendant’s addresses, a declaration of mental insanity, the cause of action, the requested relief, etc.	It includes all supporting documentation and arguments the defendant can use to ask the court to accept or reject the plaintiff’s claim.
The plaintiff has filed it, outlining the facts and the relief they intend to pursue.	The defendant has submitted it in response to the plaintiff’s claims.
In order to institute a civil lawsuit, a plaint must be filed.	Within 30 days (later extended to 90 days) of receiving a copy of the plaint, a written statement must be submitted.
The name, description, and address of the defendant must be included in the plaint.	If not specifically disputed, each factual allegation in the plaint shall be presumed to be granted.

CONCLUSION:

The increase in litigation in conflicts over property, family, and other matters in today’s society has raised the need for lawyers to be informed about how to file a lawsuit or present evidence in court. Understanding terms like written statement and plaint under CPC is crucial as a result. Knowing basic legal terminology is essential for carrying out court procedures outlined in the Code of Civil Procedure (CPC) of 1908. Future students must also be taught the basic legal phrases that are used in daily life because knowing them will make working as a lawyer much easier and more beneficial.

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