Chapter: 3.1 Legal Words

Plaintiff: A plaintiff, also known as a claimant or complainant, is the party who institutes a civil litigation before a court to seek certain legal remedy. For e.g., in a civil proceeding of first instance, if the case title is A v/ s B. it is to be understood that A is Plaintiff.

Jurisdiction: Jurisdiction is the extent of authority granted to a Court to try, entertain and adjudicate a legal proceeding. Jurisdiction can be of many kind and types. For e.g., territorial jurisdiction, pecuniary jurisdiction, appellate jurisdiction etc..

Defendant: Similarly, Defendant is a person who is called upon to answer the allegation made in the suit and defends the claims made against him. if the case title is A v/ s Be it is to be understood that B is Defendant.

Appeal: An appeal is a process for making a formal challenge to judgment passed by the Lower Court. Appeal is always made to a higher judicial authority.

Cause of action: Cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to institute the legal proceeding. For e.g., in a suit for trespass, the cause of action can be illegal entry of a third party. Similarly, failure to pay the money can be a cause of action for money suit.

Accused: A person charged with a criminal offence. For e.g., in a criminal proceeding of first instance, if the case title is State of Maharashtra v/s B. it is to be understood that B is Accused.

Bail: Bail is some form of property deposited with the court adjudicating the offence, as a security to release a accused from jail, on the understanding that the suspect will return for trial or forfeit the bail.

Arrest: An arrest is the action of the police, to take a person into custody. In India, arrest can be made without warrant. In all cognizable cases like murder, rape arrest can be made without warrant. Whereas in non cognizable cases, arrest can be made only with the permission of the Magistrate.

Cognizance: If the adjudicating Court finds that the complainant has a prima facie case, the Court initiates the legal proceeding and this is called as taking cognizance. On taking cognizance, the Court issues summons / notice to the Accused to apper before the Court and answer the charges.