Monday, March 1, 2010

Twenty Media Related Legal Terms

Ultra vires:
An act which is beyond the powers or authority of the person or organization which took it… Without authority…When a decision is taken ultra vires, it is for a higher level judicial body, such as a Court, to assess and rule on it.

Locus standi:
Person's right to take an action or be heard by a court.

Habeas corpus:
A procedure to have a person brought before a court to enquire into the lawfulness of that person’s detention...

First Information Report FIR:
A written document prepared by the police when they receive information about a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the FIR. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.

Prima facie:
Latin for "on its face"…A prima facie case is one that at first glance presents sufficient evidence for the plaintiff to win. Such a case must be refuted in some way by the defendant for him to have a chance of prevailing at trial.

Mandamus:
High Court order commanding an individual, organisation, administrative tribunal or court to perform a certain action usually to correct an earlier action or failure to fulfil some duty…

Suo motu:
"The existing state of affairs (at a particular time)" or "the situation as it currently exists."

Deponent:
A person who swears on oath that a statement is correct…

Quasi-judicial:
It refers to an agency, boards or other government entity in which there are hearings, orders, judgments or other activities similar to those conducted by courts. Example: TRAI, IRDA, TDSAT and all such regulatory bodies act as quasi judicial authorities and they issue guidelines from time to time to ensure legal and fair working condition.

Will:
A legal document which people use to leave as a gift money and property when they die...

Deposition:
The official statement by a witness under oath taken in writing (as opposed to testimony where witnesses give their perception of the facts verbally)…

Sine die:
Indefinitely…Without assigning a specific day for further hearing; from the Latin for "without a day"...

Slander:
Attacking another’s reputation by a false publication tending to bring the person into disrepute… It is an oral defamation, in which someone tells one or more persons an untruth about another. It is a civil wrong (tort) and can be the basis for a lawsuit. Damages for slander (payoff for worth) may be limited, since such damages are usually difficult to prove.

Quo warranto:
By what authority…Legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.

Amicus curiae:
"Friend of the court": one who assists the court by furnishing information or advice regarding questions of law or fact. He is not a party to a lawsuit and therefore permitted to participate as a party to the suit.

Plaintiff:
The person who goes to court to make a claim against someone else…

Bar & Bench:
The collective term for barristers… When a person becomes a barrister it is called 'being called to the bar'. Bench is the name for the judges in a court…

suo motu:
On its own motion…For example: ‘There was no clarity in the Constitution whether the CEC had suo motu power to recommend the removal of an Election Commissioner.’

Benami transaction:
Purchase or holding of properties or even carrying out business in the name of other than those of the real owners, is usually known as benami transaction in India. The legal nature of such transaction is that the person in whose name the transaction is made does not benefit.

Injunction:
A writ issued by a court of law in civil proceedings, requiring a party to do or not to do a specified act or acts. An injunction is called prohibitory if it forbids the doing of an act and mandatory if it orders that an act be done. Disobedience to the order is punishable by contempt of court. Injunctions may be perpetual or temporary. A temporary injunction is normally in effect only until the hearing of the action is held, or for some lesser period; it is intended to preserve the status quo or prevent irreparable harm before the case can be fully heard. It may include return of property, keeping a gate to a road unlocked or depositing disputed funds with the court.

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