CG Civil Judge Exam key terms

A bar preventing a party from suing again on a matter already decided finally by a competent court between the same parties, so that litigation ends and decisions are respected.

The rule that a ground of attack or defence that could and ought to have been raised in an earlier suit cannot be raised later, even if it was not actually pleaded then.

The formal expression of an adjudication that conclusively determines the rights of parties in a suit, whether by dismissal or otherwise, and includes rejection of a plaint in defined cases.

A decree deciding some issue in a suit where further proceedings remain to be taken before the suit is fully disposed of, such as a partition decree declaring shares before actual division.

A decree that finally and completely disposes of the suit, or the decree passed after further proceedings following a preliminary decree, leaving nothing more to be decided between the parties.

The formal expression of any decision of a civil court that is not a decree, such as an order allowing amendment of pleadings or granting interim injunction.

A temporary order restraining a party from doing or continuing an act during the pendency of a suit, granted to preserve the status quo and protect the applicant from irreparable injury.

The rule allowing a court to stay trial of a later suit where the same matter is already pending before another competent court between the same parties litigating under the same title.

The written statement of the plaintiff's claim filed in court, setting out the facts, the cause of action, the relief sought and the court's jurisdiction to entertain the suit.

The defendant's pleading responding to the plaint, admitting or denying allegations, raising objections and setting out any counterclaim or set-off relied upon.

A defence by which the defendant claims a reciprocal sum owed by the plaintiff, seeking adjustment against the plaintiff's claim instead of filing a separate suit for that amount.

A claim made by the defendant in the same suit against the plaintiff, treated as a cross-suit, which may be decided along with the plaintiff's original claim.

The bundle of facts that, if proved, entitles the plaintiff to a remedy; it determines the court's jurisdiction and the point at which limitation begins to run.

The statutory period within which a suit, appeal or application must be filed; after expiry the remedy is barred, though the underlying right may survive.

The court's power to excuse a delay in filing an appeal or application where the applicant shows sufficient cause, allowing the matter to be heard on merits.

A decree passed against a defendant who fails to appear or file a written statement despite service of summons, which may be set aside on showing sufficient cause.

The mental element of an offence: the intention, knowledge, recklessness or negligence with which the prohibited act is done, distinguishing criminal from innocent conduct.

The prohibited physical act or omission that, combined with the required mental state, constitutes the offence; thought alone is not punishable.

A pre-arranged plan or prior meeting of minds shared by several persons, making each liable for the criminal act done in furtherance of that shared intention.

Instigating, conspiring with or intentionally aiding another in doing a thing, which makes the abettor liable even where the principal act is done by someone else.

An offence for which a police officer may arrest without a warrant and investigate without the magistrate's order, generally because it is serious in nature.

An offence for which police cannot arrest without a warrant or investigate without a magistrate's order; an FIR is not registered and the complainant approaches the magistrate.

The earliest information about the commission of a cognizable offence recorded by police, which sets the investigation in motion but is not itself substantive evidence.

An allegation made orally or in writing to a magistrate with a view to taking action, alleging that a person has committed an offence; it is not a police report.

The police report filed before the magistrate after investigation, setting out the offence, the accused and the evidence relied on, on which trial may proceed.

The formal step by which the court states to the accused the specific offence and particulars he faces, so that he has clear notice and can prepare his defence.

A finding by the court that the prosecution has failed to prove the offence beyond reasonable doubt, resulting in the accused being set free of the charge.

A judicial finding that the accused is guilty of the offence charged, after proof beyond reasonable doubt, followed by sentencing or other lawful disposal.

The release of an accused person from custody, with or without sureties, on conditions that he will attend trial and not tamper with evidence.

A direction that, if a person is arrested in a particular non-bailable case, he shall be released on bail, sought before arrest when apprehension of arrest exists.

The sending back of an accused to custody by a magistrate for a further period pending investigation or trial, subject to statutory limits and judicial scrutiny.

A statement, oral or documentary, suggesting an inference about a fact in issue or relevant fact, made by a party or someone whose position binds him; it is not conclusive proof.

An admission of guilt by an accused, which must be voluntary; a confession to police is inadmissible, while one to a magistrate may be used subject to safeguards.

A statement by a person about the cause of his death or circumstances of the transaction resulting in it, admissible even though he cannot be cross-examined.

An out-of-court statement offered to prove the truth of its content; it is generally inadmissible because the maker cannot be tested by cross-examination.

The obligation on a party to establish a fact by evidence; in criminal cases it lies on the prosecution, while civil cases turn on the balance of probabilities.

A conclusion that the law or court draws from established facts without direct proof; it may be conclusive, rebuttable, or a presumption of fact.

A writ issued by a higher court to quash an order of an inferior court or tribunal that has acted without jurisdiction or in excess of it, or contrary to law.

A command from a court to a public authority or officer to perform a legal duty that it has refused or failed to perform, where no other remedy is adequate.

A writ demanding that a person detained be produced before the court so that the legality of the detention can be examined; it protects personal liberty.

A writ questioning by what authority a person holds a public office of a substantive character, requiring him to show his legal entitlement to it.

The doctrine that Parliament's amending power cannot destroy the essential features of the Constitution, such as judicial review, secularism and federalism.

The power of courts to examine legislative and executive action for conformity with the Constitution and to declare inconsistent action void.

Custody without trial to prevent a person from acting in a manner prejudicial to security or public order, subject to constitutional safeguards and advisory board review.

The principle that everyone, including the state, is subject to law, that laws are applied equally and that no one is punished except for a breach of law.

Minimum procedural fairness required in decisions affecting rights, chiefly the right to a hearing and the rule that the deciding authority must be impartial.

The legal principle or reason on which a court's decision rests; it binds lower courts in later cases through the doctrine of precedent.

Observations made by a judge that are not necessary to the decision; they are persuasive but not binding in later cases.

The doctrine that courts should stand by decided matters and follow earlier rulings of superior courts, giving certainty and consistency to the legal system.

A school of thought holding that law is valid by virtue of its source and enactment, independent of its moral content, as opposed to natural law theory.

A written statement of facts sworn or affirmed before an authorised officer, used as evidence in interlocutory matters and to support applications in court.

A document by which a litigant authorises an advocate to appear and act on his behalf, empowering the advocate to conduct the case and receive notices.

A written instrument by which one person authorises another to act on his behalf in legal or financial matters, which may be general or limited to specific acts.

A notice filed by a person likely to be affected by proceedings, requiring that he be heard before an order is passed on an application in the matter.

A short summary placed at the head of a reported judgment, stating the facts and the legal principles decided, useful for quick reference but not authoritative.

The final part of a judgment that states the order of the court, such as dismissal of the suit or conviction of the accused, and is enforceable.

A framed issue or question that the court identifies as arising for decision, which structures the analysis and reasoning in a judgment.

A hearing conducted in the absence of one party after due notice, permitted where that party fails to appear, so that the matter can still be decided.

The standard of proof in civil cases, requiring that the version of facts asserted be more probable than not, as distinct from proof beyond reasonable doubt.

The high standard of proof required in criminal trials before conviction, leaving no reasonable explanation consistent with the accused's innocence.