English for Legal Language : Course Details

English for Legal Language: Course Detail

 

 1. Need and Importance of Legal Language

· Legal language ensures clarity, precision, and certainty in law.

· It helps in drafting statutes, contracts, pleadings, and judgments.

· Prevents ambiguity and misinterpretation of legal rights and duties.

· Maintains uniformity and consistency in legal communication.

· Essential for effective advocacy and legal reasoning.

· Helps lawyers, judges, and litigants understand the exact legal intent.

2. Proficiency in General English

(a) Parts and Types of Sentences

· Parts of a sentence:

o Subject – what the sentence is about.

o Predicate – what is said about the subject?

· Types of sentences:

o Declarative – states a fact.

o Interrogative – asks a question.

o Imperative – gives a command or request.

o Exclamatory – expresses strong emotion.

· Important for clear legal writing and arguments.

(b) Parts of Speech – A Brief Introduction

· Noun – names a person, place, or thing.

· Pronoun – replaces a noun.

· Verb – shows action or state of being.

· Adjective – describes a noun.

· Adverb – modifies a verb, adjective, or adverb.

· Preposition – shows relationship between words.

· Conjunction – joins words or sentences.

· Interjection – expresses emotion.

· Correct usage avoids confusion in legal drafting.

(c) Tenses: Forms and Use

· Present Tense – shows current or habitual actions.

· Past Tense – shows completed actions.

· Future Tense – shows actions yet to occur.

· Each tense has simple, continuous, perfect, and perfect continuous

forms.

· Correct tense usage ensures accurate narration of facts in cases.

(d) Active and Passive Voice

· Active Voice – subject performs the action.

o Example: The court delivered the judgment.

· Passive Voice – subject receives the action.

o Example: The judgment was delivered by the court.

· Passive voice is commonly used in legal documents for formality.

(e) Direct and Indirect (Reported) Speech

· Direct Speech – exact words of the speaker.

· Indirect Speech – reported version without quotation marks.

· Requires change in tense, pronouns, and adverbs.

· Widely used in judgments and witness statements.

(f) Some Common Mistakes in English

· Wrong tense usage.

· Subject-verb disagreement.

· Incorrect prepositions.

· Misuse of articles (a, an, the).

· Spelling and punctuation errors.

· Such mistakes can change legal meaning.

3. Legal Vocabulary and Research Skills

(a) Legal Terminology, Foreign Words, Legal Maxims

· Legal terms have specific meanings.

· Many terms are borrowed from Latin, French, and English law.

· Legal maxims express general principles of law.

· Example: Audi alteram partem – hear the other side.

(b) Synonyms, Antonyms, Homonyms, One-Word Substitution

· Synonyms – words with similar meaning.

· Antonyms – words with opposite meaning.

· Homonyms – words with same sound but different meanings.

· One-word substitution makes writing precise and concise.

(c) Consulting a Dictionary

· Helps understand meaning, pronunciation, and usage.

· Legal dictionaries explain technical legal terms.

· Important for accurate drafting and interpretation.

(d) Preparation of Bibliography

· Bibliography lists books, journals, cases, and websites used.

· Shows research credibility and authenticity.

· Follows a standard citation format.

(e) Abbreviations in Legal Writing

· Common abbreviations used in footnotes and citations.

· Includes abbreviations for Indian and foreign law reports.

· Saves space and ensures uniform legal referencing.

4. Writing of Case Comment

(a) Structure of a Reported Case

· Case title.

· Court name and judge(s).

· Facts of the case.

· Issues involved.

· Arguments of parties.

· Judgment and reasoning.

· Found in journals like AIR, SCC, SCALE, JT.

(b) Doctrine of Precedent – General Introduction

· Based on the principle of stare decisis.

· Ensures consistency and predictability in law.

(i) Precedent as a Source of Law

· Ratio Decidendi – binding legal principle.

· Obiter Dictum – persuasive but not binding.

(ii) Circumstances Weakening a Precedent

· Overruled by higher court.

· Decision given per incuriam.

· Change in law or statute.

(iii) Circumstances Increasing Authority of Precedent

· Decision by higher court.

· Repeated approval by courts.

· Clear and well-reasoned judgment.

(c) Method of Writing a Case Comment

· Brief introduction of the case.

· Facts and legal issues.

· Court’s reasoning and decision.

· Critical analysis.

· Conclusion and significance.

5. Translation (Legal Topics)

· Translation from English to Hindi and Hindi to English.

· Requires knowledge of legal terminology in both languages.

· Meaning must be preserved accurately.

· Avoids literal translation that changes legal sense.

6. Comprehension of Legal Text

· Understanding statutes, judgments, and legal documents.

· Identifying key issues and legal principles.

· Requires strong vocabulary and grammar skills.

· Essential for legal interpretation and analysis.

7. Essay Writing on Legal Topics

· Requires logical structure and clarity.

· Includes introduction, body, and conclusion.

· Uses legal reasoning, examples, and case laws.

· Reflects critical thinking and legal knowledge.

8. Formal Legal Correspondence and Letter Writing

· Includes notices, applications, and official letters.

· Follows formal tone and standard format.

· Clear, concise, and legally accurate language.

· Important for professional legal communication.

 

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LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS

 

LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS

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1. Limitation of Suits, Appeals and Applications

Sections 3 – 11

• Section 3 – Bar of Limitation
  Any suit, appeal or application filed after the prescribed limitation period shall be dismissed, even if limitation is not pleaded.
• Section 4 – Expiry when courthouse closed
  If limitation expires on a day when the court is closed, filing may be done on the next working day.
• Section 5 – Extension of prescribed period for appeals/applications
  Delay may be condoned if sufficient cause is shown (NOT applicable to suits).
• Section 6–8 – Legal disability
  Deals with minors, insane or disabled persons and extension of limitation.
• Section 9 – Continuous running of time
  Once time begins to run, it runs continuously unless stopped by a disability or statute.
• Section 10 – Suits against trustees
  No limitation for suits for trust property.
• Section 11 – Suits on foreign contracts
  If foreign law prescribes a shorter limitation, that applies.

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2. Period of Limitation

Sections 12 – 24; Schedule I

• The period of limitation for all suits, appeals, and applications is prescribed in the Schedule (varies case by case).
• Section 12 – Exclusion of time for obtaining copies of decrees/orders.
• Section 13 – Exclusion when leave to sue or appeal as pauper is applied.
• Section 14 – Exclusion of time spent in proceedings prosecuted in good faith before a defective jurisdiction.
• Section 15 – Exclusion of time when institution is stayed by injunction or order.
• Section 16 – Effect of death on the right to sue.
• Section 17 – Effect of fraud or mistake.
• Section 18 – Acknowledgment in writing (fresh limitation).
• Section 19 – Part-payment acknowledges debt.
• Section 20 – Acknowledgment by agent.
• Section 21 – Adding or substituting parties.
• Section 22 – Continuing breaches and torts.
• Section 24 – Case of set-off or counterclaim.

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3. Continuous Running of Time

Section 9

• Once limitation begins, it runs continuously.
• It is not suspended by events like change of ownership, insolvency, etc.
• Time stops only if statute provides (e.g., legal disability).

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4. Effect of Sufficient Cause (Condonation of Delay)

Section 5

• Delay in appeals and applications may be condoned if the applicant shows sufficient cause.
• Does NOT apply to suits.
• Court has discretionary power.

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5. Legal Disability

Sections 6, 7 & 8

• Section 6 – If the person entitled to sue/appeal/apply is a minor, insane, or idiot, the limitation begins when disability ceases.
• Section 7 – If several persons jointly entitled, time begins when one is free from disability.
• Section 8 – Maximum extension = 3 years even after disability ceases.

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6. Computation of Period of Limitation

Sections 12 – 24

Important provisions:

• Section 12 – Excludes time required to obtain certified copies.
• Sections 14 & 15 – Excludes time spent in wrong courts or when suit stayed.
• Sections 16–20 – Effects of death, fraud, acknowledgement, etc.
• Section 22 – Continuing breaches: fresh limitation every day.

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7. Execution of Decrees / Limitation in Execution

Articles 135–137 (Schedule I); Section 3

• Execution of a decree must be filed within the period in the Schedule (usually 12 years for decree of immovable property; 3 years for others).
• Governed by Section 3 which bars delayed applications.

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8. Effect of Death

Section 16

• If the person dies before the right to sue accrues, limitation starts when there is a legal representative.
• If death occurs after right accrues, normal limitation applies.

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9. Fraud or Mistake

Section 17

• If a suit/appeal/application is based on:
• fraud,
• concealment, or
• mistake,
  the limitation begins from the date when:
• fraud is discovered, or
• mistake becomes known.

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10. Acknowledgment in Writing

Section 18

• A written and signed acknowledgment made before expiry of limitation resets the limitation period.
• Must be clear and made to the creditor/claimant.

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11. Part-Payment / Acknowledgement via Payment

Section 19

• Part-payment of debt or interest, before limitation expires, starts a new limitation period.
• Must be acknowledged in the handwriting or signed by debtor or agent.

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12. Acquisition of Ownership by Possession

Section 27

• At the expiry of the limitation period for recovering possession of property (usually 12 years), the right of the original owner gets extinguished.
• This is the legal basis of adverse possession.

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Summary Table (Topic → Section)

Topic	Sections
Limitation of suits, appeals, applications	3–11
Period of Limitation	Schedule I, Sections 12–24
Continuous running of time	9
Sufficient cause for delay	5
Legal disability	6, 7, 8
Computation of limitation	12–24
Execution of decrees	Articles 135–137 (Schedule), Section 3
Effect of death	16
Fraud / mistake	17
Acknowledgement in writing	18
Part-payment	19
Acquisition by possession (adverse possession)	27

 

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