Saturday 18 February 2012

Ab initio


Ab initio is a Latin term that means "from the beginning, from the first act," et cetera.  It has been used both in the legal as well as certain general contexts.  It is used inter alia to denote that an act has been "void ab initio"  or void from the beginning, et cetera.

Usage illustration - A contract is said to be "void ab initio" if the contracts does not have legal validity.  Back.

Friday 17 February 2012

Inter alia


Inter alia is a Latin term that means "among other things."  For a long time "inter alia "has been conveniently used in pleadings (especially with respect to the recitation of statutes) where instead of reciting the whole length of the statute, it is  recited as "inter alia, it was enacted that...".  Back.

Thursday 16 February 2012

Legal

The word "legal" in the context of law has far many meanings to it than when used by a layman in the general context.  To a layman, "legal" might only mean something that is connected with the law.  However, in the context of law, "legal" means relating to law, conforming to the law; in accordance with the law; required or permitted by law; not forbidden by law; lawful, proper or sufficient to be recognized by law; competent or adequate to fulfil the requirements of the law; created by law, et cetera.  Back.

Wednesday 15 February 2012

Mala fides


"Mala fides" means, "in bad faith."  An act is said to be mala fides if it was committed with the intention of deceptive as opposed to honest (bona fides/good faith) obtainment of something

Illustration:- Advocate A engaged by client B is involved in mala fide filing of pleading on behalf of B if the pleading is an abuse of the law by not being filed in good faith or contrary to the spirit of the law that was applicable over there.

Mala fides has come to be used interchangeably with "bad faith."  Back.

Bona fides

"Bona fides" means, "in good faith."  An act is said to be bona fide if it was committed with a good honest intention as opposed to a dishonest (mala fide/bad faith) one.

Illustration:- Client A bona fide engages Attorney B with respect to filing of pleading on behalf of A.  B knew that the pleading will not stand in the court,  however B takes advantage of A's ignorance of the law, misleads A and mala fide files the pleading towards charging A a hefty fee.

Bona fides has come to be used interchangeably with "good faith."  Back.