Meaning of damnum sine injuria: Actual damage suffered without legal injury Meaning Word by Word: Damnum: Loss or damage Sine: Without Injuria: Injury to Private Legal Rights Explanation: The damage may be in form of money, service, physical hurt, loss of health or reputation and loss of comfort. According to this maxim, these are mere […]
Category: Legal Concepts
Justice
The dictionary meaning of justice is ‘moral or legal fairness”. Classification of Justice: Justice can be classified into two types viz. natural or moral justice and positive or legal justice. Natural Justice: The word is derived from the Roman word ‘Jus Naturale’, which means principles of natural law, equity, and good conscience. These principles did […]
Types of Administration of Justice: Difference Between Civil Litigation and Criminal Prosecution: Parties in Litigation: When Applicable: Goals of Litigation: Matter Under Discussion: Payment to Lawyer: The Burden of Proof: Constitutional Protection:
Administration of Criminal Justice: Administration of justice is the maintenance of right within a political community by means of the physical force of the State. Without the administration of justice, a person would be inclined to redress his wrongs by his own hands, which is certainly not desirable. The Need for Administration of Criminal Justice: A man by nature […]
Ubi Jus bi remedium
Literal Meaning: Where there is no wrong there is a remedy or it means whenever there is a legal right there is a remedy. Explanation or Major Elements of the Maxim: This maxim is applicable when the ‘Legal Rights’ exist and both the ‘no wrong’ and remedy should be legal. A wrongful act must have […]
Types of Laws
Natural or Moral Laws: Natural laws are the belief that certain laws of morality are inherent by human nature, reason, or religious belief, and that they are ethically binding on humanity. Actually, it is a philosophy that is based on the idea that “right” and “wrong” are universal concepts, as mankind finds certain things to […]
Austin’s Imperative Theory of Law
What is Law? Rules of conduct approved and enforced by the government of and over a certain territory is called a law. (eg. the ‘laws’ of India). Blackstone’s Definition: According to Sir William Blackstone (an English jurist and judge of the eighteenth century) ‘Law, in general consists of the rules recognized and acted upon in the […]
Writs and Their Types
Writ: Anything that is issued under authority is a writ. Orders, warrants, directions etc. issued under authority are examples of writs. Any person whose fundamental rights are violated can move the High Court (under article 226 of Indian constitution) or the Supreme Court (under article 32) and the court can issue direction or orders or […]
Bail
The meaning of “bail” is to set an accused person free after depositing some money with the court before he is tried, often on condition that a sum of money would be forfeited if he does not attend the trial. a warrant for the defendant’s arrest is issued. The judge sets the amount, and the money […]
Assault
An assault is defined as intentional conduct that is meant to place another person in reasonable apprehension or fear of harmful contact. The contact must appear to be imminent, meaning that the offender must appear to have the present ability to cause the contact, even if he or she is not actually capable of inflicting […]