10/06/2023
نوجوان وکلاء کیلئے۔۔۔۔
وکالت کے پریکٹس کے دوران مختلف مقدمات کے کاروائی میں استعمال ہونے والے قانونی ٹیکنیکل الفاظ اور ان الفاظوں کا ترجمہ وغیرہ
Useful Terminologies:
Trial
A formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.
Suit
The term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.
PIL
Public interest litigation means litigation for the protection of the public interest/rights.
Complaint:-
Document filed into the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.
Principle of the Separation of Powers
The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers.
LEGAL TERMINOLOGIES:-
1:-OBITER DICTA:- Obiter dicta is latin word “Obiter dictum” which means “by the way”. obiter dicta is an opinion or a remark made by a judge which does not form a necessary part of the court's decision.
Inter alia:-
Latin for "among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities.
Per se:-
Per se, a Latin phrase meaning "by itself" or "in itself".
Convention:-
An agreement between parties.
Confession and Admission:-
Confession is acceptance of guilt in a crime or wrong doing while admission is the acknowledgment of a statement or a fact.
• Admission is used mostly in civil cases while confession is used mostly in criminal cases.
Vested Rights:-
A right belonging completely and unconditionally to a person as a property interest which cannot be taken away without the consent of the owner.
Jirga and Panchayat:-
Jirga is an assembly of religious leaders who made decisions bases on teachings and it is generally among the nomads or any tribal community in which senior clerics or religious leaders settles a dispute among two parties by mediating and decision is binding.
Panchayat is headed by sarpanch and comprised of panchs which are elected through elections.Decision of panchayat if comes out from any dispute can be challanged in courts.
Burden of Proof:
The burden of proof is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.
Actus Rea:-
It means an act and commission of crime.
Mens Rea:-
It means intention of a crime.
Intra Vires:- It means within the law/constitution/agreement.
Ultra vires:- It means out of the law/constitution/agreement.
Order Accordingly:- it means order has been passed according to order of the case.
Privy Council:- a body of advisers appointed by a sovereign or a Governor General
General power of attorney:-
A general power of attorney gives broad powers to a person or organization (known as an agent) to act in your behalf.
OR
It means to give general attorney to your advocate or someone for the general purpose in case.
Special power of attorney:-
Special power of attorney is a written authorization that grants an agent (also called an attorney in fact) the authority to act on behalf of the principal (the person granting this authority) under certain, specified circumstances.
OR
Special power of attorney is used to give attorney to someone in the case and that person will attened your case and the special of power of attorney means to give attorney for the special time, purpose, and for special thing.
ADR (Alternative Dispute Resolution):-
Alternative Dispute Resolution is generally known as settlement of any dispute without/out of court or without filing a suit in the Court.
Types of Alternative Dispute Resolution:-
There are three types of Alternative Dispute Resolution known as 1. Arbitration, 2. Mediation and 3. Conciliation.
1. Arbitration:-
Arbitration is a process of ADR where the parties present their arguments and evidence to an independent third party (arbiter) who makes a determination.
2. Mediation:-
Mediation is a process of ADR where an independent third party (mediator) assist people in dispute to identify the disputed issues develop options, consider alternatives and try to reach in agreement.
Note:-
However the mediator can’t give his point of view/opinion about the issues or have any role in deciding the dispute.
3. Conciliation:-
Conciliation is a process of ADR where a third party (conciliator) helps the peoples to identify the disputed issues, develop options and try to reach in agreement.
Note:-
A conciliator may have professional expertise in the subject matter in dispute and generally advise about issues for resolution. However the conciliator will not make any decision or judgment about the dispute.
