Legal English & Legal Language

The Road Traffic Act 1960

Section 77: “If in any case, owing to the presence of a motor vehicle on road, an accident occurs
whereby personal injury is caused to a person other than the driver of that motor vehicle or
damage is caused to a vehicle other than that motor vehicle or a trailer drawn thereby or to an
animal other than an animal in or on that motor vehicle or a trailer drawn thereby, the driver of
the motor vehicle shall stop and if required so to do by any person having reasonable grounds
for so requiring, give his name and address, and also the name and address of the owner and the
identification marks of the vehicle.”
Driver stopped for a moment causing accident and moved away.

1. Legal English
‘English for Law’ and ‘Legal English’:
- English for Law – ‘the importance, use and understanding of English as a language for
the purpose of legal profession’
- Legal English – ‘pattern or style of English which is used in the legal profession’

‘Legal English’ is within subject matter of ‘English for Law’

1.1 Advantages of Legal English:

a) Understand the nature and characteristics of legal language

b) Relationship between legal language and plain language
c) Familiar with legal terminologies and expressions
d) Use correct English in drafting
e) Understand court behavior

2. Legal Language
2.1 Scope of Legal Language:
a) Those who are affected with law and
b) Those who deal with law
2.1 Nature of Legal Language
a) Normative: The Language of law is used to impose rights and obligations; it is largely
prescriptive. Law’s basic function is to regulate human behaviour and human relations. Law
exists as a set of prescriptions having the form of imperatives defining and enforcing the
arrangements, relationships, procedures and patterns of behaviour that are to be followed in a
society.

b) Performative: The speech act theory developed by J. L. Austin and J. R. Searle makes
language responsible for effects in reality. Speech is not only words but also actions. By uttering
certain words, we the facts may be changed. Legal effects and legal consequences are commonly
obtained by merely uttering certain words, for example in a court’s judgement or in front of a
clerk or a priest during the marriage ceremony.

c) Technical: The question of technicality of legal language is not perceived consistently. One
position argues that there is no legal language as such and it is a part of the ordinary language.
The other holds that legal language is a technical language.

If the latter view is accepted, what makes the language of law different from other types of
language use?

- Speakers
- Stylistic differences
- Specific vocabulary – terminology issues
- Syntactic structures

2.2 Technicality of Legal Language

a) Syntactical Structure of the Language of Law [Syntax]: Legal language is highly formal
and impersonal. This is achieved by passive constructions, complex and long sentences, multiple
negations and prepositional phrases (e.g. in what follows, by virtue of which). Basic stylistic
requirements of legal texts may be listed as follows:

- Precision
- Definiteness
- Brevity
- Purposiveness

b) Lexis: The most important difference that sets off legal language from ordinary language
is its lexicon. Legal language makes use of numerous words and terms that are not
common in ordinary language or carry an additional meaning different from their
ordinary meaning. It can be distinguishes in the following groups of words:

- Legal Terms / Words [Ab Initio, Mens Rea, etc.]

- Legal Maxims [Audi Alteram Partem]
- Legal Phrase [Retio Decidendi]
- Legal Quotation and Principles [Justice should not only be done, but should manifestly
and undoubtedly be seen to be done]

c) Style: Legal style refers to the linguistic aspects of the written legal language and also to
the way in which legal problems are approached, managed and solved. The style of the
language of law can be described mainly with regard to its syntactical structure and
specific vocabulary.
 Legal English in Civil Law

1. Branches of Civil Law

Civil disputes may be arising from four different issues:

a) Contract Law
b) Tort Law
c) Property Law
d) Personal Law

2. Basic Features of Civil Law

 Violation of Civil Law: Civil Wrong

Civil wrong means an infringement of a person’s rights, especially a tort.

 Parties of Civil Suit: Plaintiff and Defendant [Order 1 of the Code of Civil
Procedure 1908]

In a civil case, the person or entity that files the lawsuit is called the plaintiff. On the other hand,
defendant is a person or group against whom a criminal or civil action is brought; someone who
is being sued or accused of committing a crime

 Documentation: Pleadings [Order 4, 6, 7 of the Code of Civil Procedure 1908]

Pleadings define as a written statement or a plaint. Plaint is Plaintiff’s pleadings and Written
Statement is Defendant’s pleadings

 Standard of Proof: Preponderance of the evidence [Balance of Probabilities]

Balance of probabilities means the quality or fact of being greater in number, quantity, or
importance. A standard of proof must be met by a plaintiff if he or she is to win a civil action.
The standard of proof in most civil cases in which the party bearing the burden of proof must
present evidence which is more credible and convincing than that presented by the other party or
which shows that the fact to be proven is more probable than not.

 Acknowledgement in Civil Court: Admission

  Presiding of Civil Court: Judge
 Interim Order in Civil Court: Injunction / Status quo /Ad-interim

Injunction: A court order prohibiting someone from doing a specified act in order to prevent
future injury [Section 52, 53 of the SR Act 1877 & Order 39 of the CPC 1908]

Status quo: [The existing state of affairs] Status quo order in law means that court has ordered
that the present condition be maintained and no change etc. be done. If there will be any
alteration or change in the property or the subject matter of the proceedings after the order of
status quo then contempt of court proceedings can be initiated. A judge has the authority to issue
a status quo order to prevent anyone from taking any action until the matter can be heard and
resolved by the court. [Order 39 of the CPC 1908]

Ad-interim: For an intervening or temporary period of time.

 Decision of the Court: Judgment and Decree

Judgment: Judgment means the statement given by the Judge of the grounds of a decree or order
[Section 2 of the CPC 1908]

Decree: Decree means the formal expression of an adjudication which, so far as regards the
Court expressing it, conclusively determines the rights of the parties with regard to all or any of
the matters in controversy in the suit and may be either preliminary or final. [Section 2 of the
CPC 1908]

Ex Parte: With respect to or in the interests of one side only or of an interested outside party for
example, Code of Civil Procedure 1908 (Order 9). An ex-parte decree is a decree passed in the
absence of the defendant.

 Remedy: Damages

Damages mean monetary compensation that is awarded by a court in a civil action to an

individual who has been injured through the wrongful conduct of another party.
 3. Civil Law Related Legal / Latin Words

 Ad Damnum: (To the damage)

In a civil action, a plaintiff must include in the plaint served on a defendant a clause that states
the amount of the loss or the amount of money damages claimed in the case. This clause is the
Ad Damnum. It tells a defendant how much he or she stands to lose in the case.

 Injuria sine Damnum:

‘Injuria’ refers to injury ‘Sine’ refers to without and ‘Damno’ refers to a property or any physical
loss, therefore the term refers to ‘injury suffered without actual loss’. Here, in this case, the
plaintiff doesn’t have to prove the damages so suffered, he only has to prove that there is some
legal damage suffered by him.

This maxim is well explained in the case Ashby vs. White [1](1703) 2 LR 938, where the
plaintiff was a qualified voter at a parliamentary election, while the defendant who was a
returning officer in election wrongfully refused to take a vote of the plaintiff. Although the
plaintiff didn’t suffer any loss by such wrongful act as the candidate he wants’ to vote on the
election, the legal rights of the plaintiff were infringed and therefore the defendant was held
liable.

 Damnum Sine Injuria

Damnum Sine Injuria is a maxim, which refers to damage which is being suffered by the plaintiff
but there is no violation of any legal right of a person. In such circumstances, where there is no
violation of the legal right of but damage is being suffered by the plaintiff, the plaintiff can’t
bring an action against the other for the same, as it is not actionable in law, unless there is some
infringement of a legal right is present.

Gloucester Grammar School Case - The defendant was the schoolmaster intentionally opened
the school in front of the plaintiff’s school, causing damage to him. As due to an increase of
competition the plaintiff has to reduce their fees from 40 pence to 12 pence per scholar per
quarter. It was held that even though the plaintiff has suffered harm but there was no
infringement of any legal right, therefore, the defendant can’t be held liable.
  Ab Initio
From the beginning; used to describe contracts, marriages, deeds, etc., that are either valid or
void from their inception.

Ex: If a person signs a contract under duress, that contract is treated as being "void ab initio".

 Ad Valorem: (According to the value; in proportion to value)

In the Schedule I of the Court Fees Act, 1870, there are list of suit where Ad Valorem are paid.
For money suit: 2.5% of the amount but not exceeding 50,000 taka
For other suit: 2% of the amount but not exceeding 40,000 taka
Fixed Court Fee [Schedule II]: Family Court – 25 taka, Pre-emption – 300 taka

 Caveat Emptor: (Let the buyer beware)

The principle that the buyer alone is responsible for checking the quality and suitability of goods
before a purchase is made.

Ex. Sale of Goods Act 1930 (section 16)

 In rem
In rem jurisdiction (‘power about or against 'the thing') is a legal term describing the power a
court that may exercise over property (either real or personal) or a "status" against a person over
whom the court does not have in personam jurisdiction.
Ex: Ownership right, Marriage
 In personam: (against a particular person)
In a lawsuit in which the case is against a specific individual, that person must be served with a
summons and complaint to give the court jurisdiction to try the case, and the judgment applies to
that person and is called an "in personam judgment".
Ex. Breach of contract
 Lis pendens: (Pending lawsuit)
This is a legal notice recorded to show pending litigation relating to real property and giving
notice that anyone acquiring an interest in said property subsequent to the date of the notice may
be bound by the outcome of the litigation. Ex: Section 52 of the Transfer of Property Act, 1882.
During the pendency in any court in Bangladesh of any suit or proceeding which is not collusive
and in which any right to immovable property is directly and specifically in question, the
property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as
to affect the rights of any other party thereto under any decree or order which may be made
therein, except under the authority of the Court and on such terms as it may impose.

 Mesne profit: (Intermediate or intervening profits earned by one in wrongful possession

of property)

Ex. Code of Civil Procedure 1908 (section 2): "mesne profits" of property means those profits
which the person in wrongful possession of such property actually received or might with
ordinary diligence have received there from, together with interest on such profits but shall not
include profits due to improvements made by the person in wrongful possession.

 Per stirpes: (By roots or by shoots, as of a tree)

A form of distribution of an estate in which each recipient takes a share according to the
proportion that would have fallen to his or her deceased ancestor; the opposite of per capita.

Ex. Muslim Family Law Ordinance 1961 (section 4): In the event of the death of any son or
daughter of the propositus before the opening of succession, the children of such son or daughter,
if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the
share which such son or daughter, as the case may be, would have received if alive.

 Res judicata
A matter that has been adjudicated by a competent court and therefore may not be pursued
further by the same parties)

Ex. Code of Civil Procedure 1908 (section 11): No Court shall try any suit or issue in which the
matter directly and substantially in issue has been directly and substantially in issue in a former
suit between the same parties, or between parties under whom they or any of them claim,
litigating under the same title, in a court competent to try such subsequent suit or the suit in
which such issue has been subsequently raised, and has been heard and finally decided by such
Court.

 Res subjudice: ‘Res’ means matter or litigation and ‘Sub-Judice’ means pending (under
judgment)
Ex. Code of Civil Procedure 1908 (section 10) No Court shall proceed with the trial of any suit
in which the matter in issue is also directly and substantially in issue in a previously instituted
suit between the same parties, or between parties under whom they or any of them claim
litigating under the same title where such suit is pending in the same or any other Court in
Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of
Bangladesh established or continued by the Government and having like jurisdiction, or before
the Supreme Court.

 In situ: (In the original place instead of being moved to another place)

Ex. State Acquisition and Tenancy Act 1950 (section 86): Reformation in situ

 Inter-vivios: (Means between the living)

It is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a
testamentary transfer (a gift that takes effect on death) under the subject of trust.

Ex. Transfer of Property Act 1882 (section 5) “transfer of property” means an act by which a
living person conveys property, in present or in future, to one or more other living persons…”
 1. Nature and Basic Feature of Criminal Law: A system of law concerned with the
punishment of offenders
Substantive Law: Penal Code 1860; Special Power Act 1974, etc.
Procedural Law: Code of Criminal Procedure 1898

2. Basic Features:
 Violation of Criminal Sustentative Law: Crime/Offence
“Offence" means any act or omission made punishable by any law for the time being in force
 Parties of Criminal Suit: Complainant and Defendant
 Documentation: Complaint
"Complaint" means the allegation made orally or in writing to a Magistrate, with a view to his
taking action under this Code of Criminal Procedure that some person whether known or
unknown, has committed an offence, but it does not include the report of a police-officer.
 Standard of Proof: Beyond Reasonable Doubt
 Acknowledgement in Criminal Court: Confession
 Presiding of Criminal Court: Magistrate
 Remedy: Punishment [Imprisonment, Death Penalty, etc.]

3. Criminal Law related Latin words

 Actus Rea: The guilty act
 Mens Rea: The guilty mind.
Mens rea is the mental element of a person's intention to commit a crime
Ex. A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

 Acquit: [Discharge/Dismiss/Release]
Free (someone) from a criminal charge by a verdict of not guilty.
 Convict:
Declare (someone) to be guilty of a criminal offence by the verdict of a jury or the decision of a
judge in a court of law.
  Autrefois (past) acquit:

A defendant's plea stating that he or she has already been tried for and acquitted of the same
offense

 Autrefois (past) convict:

A plea of "autrefois convict" is one in which the defendant claims to have been previously
convicted of the same offence and that he or she therefore cannot be tried for it again

 Double Jeopardy [Autrefois acquit /convict]:

The prosecution or punishment of a person twice for the same offence.

Ex. Code of Criminal Procedure (section 403) “A person who has once been tried by a Court of
competent jurisdiction for an offence and convicted or acquitted of such offence shall, while
such conviction or acquittal remains in force, not be liable to be tried again for the
sameoffence…”

Ex. General Clauses Act 1897 (section 26) Where an act or omission constitutes an offence
under two or more enactments, then the offender shall be liable to be prosecuted and punished
under either or any of those enactments, but shall not be liable to be punished twice for the same
offence.

 Doli incapax:

Doli Incapax is a Latin term that means “incapable of doing harm”. This term has been used to
describe a presumption of innocence for children in Criminal law in most countries. This Latin
phrase refers to the presumption in law that a child is incapable of forming the criminal intent to
commit an offence.

Ex. Penal Code (section 82): Nothing is an offence which is done by a child under nine years of
age.

Ex. Penal Code (section 83): Act of a child above nine and under twelve of immature
understanding: Nothing is an offence which is done by a child above nine years of age and under
twelve, who has not attained sufficient maturity of understanding to judge of the nature and
consequences of his conduct on that occasion.
  Ex post facto law: From the point of view of subsequent events; after the fact;
retroactive.

Law that retroactively makes criminal conduct that was not criminal when performed, increases
the punishment for crimes already committed

Ex. Constitution of Bangladesh (Article 35.1) No person shall be convicted of any offence except
for violation of a law in force at the time of the commission of the act charged as an offence, nor
be subjected to a penalty greater than, or different from, that which might have been inflicted
under the law in force at the time of the commission of the offence.

 Nullum Crimen Sine Lege: there is no crime without law

No person shall be convicted of any offence except for violation of a law in force at the time of
the commission of the act charged as an offence.

 Nulla Poena Sine Lege: no punishment without law

None be subjected to a penalty greater than, or different from, that which might have been
inflicted under the law in force at the time of the commission of the offence.
 Legal English in Law of Evidence

 Prima facie: [On the first appearance.]

A fact presumed to be true unless it is disproved. In common parlance the term prima facie is
used to describe the apparent nature of something upon initial observation. In legal practice the
term generally is used to describe two things: the presentation of sufficient evidence by a civil
claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie
evidence).

 Rule nisi:
A rule nisi is an order “to show cause”, meaning that the ruling is absolute unless the party to
whom it applies can show cause why it should not apply.

 Alibi:
A claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is
alleged to have taken place.

 Ambiguities latent: [Latent Ambiguity]

When the language of a document is certain and meaningful but the document makes no
relevance in the present circumstance then it is latent ambiguity. To remove latent ambiguity,
oral evidence is allowed.

Ex. A agrees to sell to B, for Taka 1,000, "my white horse". A has two white horses. Evidence
may be given of facts which show which of them was meant.

 Ambiguities Patent: [Patent Ambiguity]

An ambiguity in a legal document (as a contract or will) that is apparent on the face of the
document and arises from inconsistent or uncertain language. Oral evidence is not allowed for
the removal of patent ambiguity.

Ex. A agrees, in writing, to sell a horse to B for Taka 1,000 or Taka 1,500. Evidence cannot be
given to show which price was to be given.

Evidence Act 1872 (section 93 – 98): Latent and Patent Ambiguity

  Alias: [Otherwise called.]
A term used to indicate that a person is known by more than one name.
 Bona Fide: [In good faith.]
Honest; genuine; actual; authentic; acting without the intention of defrauding.
 Forum non convenience:
For a forum which is not convenient. This doctrine is employed when the court chosen by the
plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the
defendants, who must petition the court for an order transferring the case to a more convenient
court.

Ex. Code of Civil Procédure 1908 [Section 22] ‘Where a suit may be instituted in any one of two
or more Courts and is instituted in one of such Courts, any defendant, after notice to the other
parties, may, at the earliest possible opportunity and in all cases where issues are settled at or
before such settlement, apply to have the suit transferred to another Court…’

 Coram non judice: [Before a judge not competent or without jurisdiction]

Coram non judice is Latin Legal Maxim meaning for “not before a judge,” is a legal term
basically used to indicate a proceeding which is legal in nature that is outside the authority of a
judge (without a judge), with improper presence, or without legal jurisdiction.

Ex. Code of Criminal Procedure 1898 [Section 201] If the complaint has been made in writing to
a Magistrate who is not competent to take cognizance of the case, he shall return the complaint
for presentation to the proper Court with an endorsement to that effect.

 Ipso facto: [by the fact itself].

Example: "a blind person, ipso facto, is not entitled to a driver's license.“
 In absentia: [in absence, or more fully, in one's absence]
Occasionally a criminal trial is conducted without the defendant being present when he/she
walks out or escapes after the trial has begun, since the accused has thus waived the
Constitutional right to face one's accusers. Ex. Code of Criminal Procedure 898 [Section 339B]
  Sui generic: [Of its own kind or class] That which is the only one of its kind.
In law, it is a term of art used to identify a legal classification that exists independently of other
categorizations, either because of its singularity or due to the specific creation of an entitlement
or obligation. Ex. a court's contempt powers arise sui generis and not from statute or rule

 Non-obstante:

Non-obstante means 'notwithstanding anything contained'. That means this clause empowers the
legislation or a provision in which it contains, to override the effects of any other legal
provisions contrary to this under the same law or any other laws. It is usually used in a provision
to indicate that, that provision should prevail despite anything to the contrary in the provision
mentioned in such Non Obstante Clause.

Ex. Ceiling of Land

State Acquisition and Tenancy Act 1950: Ceiling of Land – 375 [any kinds of land]

Bangladesh Land Holdings (Limitation) Order 1972 : Ceiling of Land – 100 [any kinds of land]
‘Notwithstanding anything to the contrary in any other law for the time being in force’ [section
3]

Land Reforms Ordinance 1984: ‘The provisions of this Ordinance shall have effect
notwithstanding anything to the contrary contained in any other law for the time being in force or
in any custom or usage or in any contract or instrument.’ (60 standard bighas of agricultural
land)

 Onus probandi: [The burden of proof]

The responsibility of proving that something is true in a court of law. It is also called the burden
of proof. Ex. Evidence Act, 1872 [101 – 114]

 Sine qua non:

The term sine qua non is translated from Latin to mean “without which it could not be.” For
example, sine qua non would apply to a situation wherein a child found his father’s gun in an
unlocked cabinet and injured himself. The father, who left the gun cabinet unlocked, was the sine
qua non of the injury that his child ultimately suffered because had he not left the cabinet
unlocked, the injury couldn’t have happened.

 Vice versa:

Vice versa is a Latin phrase meaning "reverse position" in the opposite way. E.g. The
responsibilities of the employer towards the employees and vice versa.

 Inter se: [among or between themselves]

The phrase is "used to distinguish rights or duties between two or more parties from their rights
or duties to others.

Ex. In Company Law [Members bound to other member] "Binding between members inter se-
the articles define rights and liabilities of the members. As between members inter se the articles
constitute a contract between them and are also binding on each member as against the other or
others. Such contract can be enforced only through the medium of the company.

Legal English in Constitutional Law

 Habeas Corpus: ‘Have the body before the court’.

Ex. Article 102 of the Constitution of Bangladesh: directing that a person in custody be brought
before it so that it may satisfy itself that he is not being held in custody without lawful authority
or in an unlawful manner

 Certiorari: ‘To certify’.

Ex. Article 102 of the Constitution of Bangladesh: declaring that any act done or proceeding
taken by a person performing functions in connection with the affairs of the Republic or of a
local authority, has been done or taken without lawful authority and is of no legal effect.

 Quo-Warranto: ‘Under what authority’.

Ex. Article 102 of the Constitution of Bangladesh: requiring a person holding or purporting to
hold a public office to show under what authority he claims to hold that office.
  Mandamus: ‘we command’:

Ex. Article 102 of the Constitution of Bangladesh: directing a person performing any functions
in connection with the affairs of the Republic or of a local authority, to do that which he is
required by law to do

 Prohibition: ‘to prohibit’:

Ex. Article 102 of the Constitution of Bangladesh: directing a person performing any functions
in connection with the affairs of the Republic or of a local authority, to refrain from doing that
which he is not permitted by law to do

Legal English in International Law

 Lex fori: “The law of the forum, or court”.

A legal term used in the conflict of laws to refer to the laws of the jurisdiction in which a legal
action is brought.

 Pacta sunt servanda: “Agreements must be kept”.

In international law, "every treaty in force is binding upon the parties to it and must be
performed by them in good faith.“ This entitles states party to the Convention to require that
obligations instituted by treaties be honored and to rely on such obligations being honored.

 Jus cogens:

A latin phrase that literally means “compelling law.” A principle of international law that is
based on values taken to be fundamental to the international community and that cannot be set
aside (as by treaty).
 Legal Maxim

 Damnum Sine Injuria

 Injuria Sine Damnum

 Ubi Jus Ibi Remedium [Where there is a right, there is a remedy]

Ex.: Ashby v. White, the plaintiff was a qualified voter and he was detained from giving a vote in
a parliamentary election by the defendant who was a police officer. The party to whom he
wanted to vote had won the election and the plaintiff filed a suit against the defendant stating that
he was detained from giving a vote and his right to vote was infringed and also claimed a certain
amount of compensation for the damage caused to him. The defendant in his defence said that
the party to whom he wanted to vote had won the election and therefore no damage and injury
was caused to him.
The court held that no damage or injury was caused as the candidate for whom the plaintiff
wanted to vote had won the election but his right to vote was violated. To restrain a person from
giving vote is a civil wrong and therefore the plaintiff had the right to seek remedy from the
court of law. The maxim ubi jus ibi remedium was applied in this case and the plaintiff was
awarded some amount of compensation.
 Ignorantia Facti Excusat [Ignorance of a fact can be excused]
Ex.1: A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of
the bargain, though neither party was aware of the fact. The agreement is void.
Ex.2: The accused while guarding his field shot an arrow on the moving object in a good faith
that it was a bear, but the shot results in the death of a person. But the court made him free from
any liability and he got the immunity under the mistake of fact.
 Ignorantia Jus No Excusat [Ignorance of law cannot be excused]
Ex: If a man is caught by a ticket conductor for travelling on a train without a ticket. He cannot
claim that he was not aware that a ticket is required while travelling on the train and shall be
punished under Section 138 of The Indian Railways Act, 1989.

 Actus Non Facit Reum Nisi Mens Sit Rea [An act does not make anyone guilty unless
there is a criminalintent or a guilty mind]
Ex: When a person is attacked by another person with an intention to cause grievous hurt or
injury then it is a crime. But when the person who was attacked causes injury to the other person
in private defence then it is an unintentional act. In the first scenario guilty mind was present but
in the second case no intention of causing harm was there. The second act is categorised as self
defence and is dealt under section 96 to 106 of the Penal Code. In the first act the person is guilty
of criminal act.
 Delegate protestas non potest delegare [Delegated power shall not be delegated]
Explanation: One who has the power or authority from another person to do an act must do it
himself or herself as this is a trust or confidence reposed in that person personally. It cannot be
assigned to a stranger whose ability and integrity might not be known to the principal.
Ex.: ‘A’ has been authorised to execute a will upon the death of the testator. Now ‘A’ cannot
delegate the power to another person to divide the property amongst the heirs when the testator
had appointed the authority to execute the will to ‘A’. If he does so, he will be delegating an
authority which was already delegated to him. Here ‘A’ cannot sub-delegate his authority as
“Delegatus non potest delegare” applies.

 Nemo Debet Bis Vexari: Nobody should be punished twice punished for the same cause
 Nemo Tenetur Seipum Accusare: Nobody has to accuse himself
 Nullum Crimen Sine Lege: There is no crime without law
 Nulla Poena Sine Lege: No punishment without law
Caveat Emptor: [Let the buyer beware]
Ex.: John purchases a house from Adam. Before the purchase, John asked the seller about the
defects in the house. Adam told him that there was a leak in the bathroom upstairs, but it was
fixed already. However, Adam also warned him that despite the repairs, a small leak could occur
from time to time. John failed to inspect the bathroom properly but still decided to buy the house.
After three months, there was a big leak that damaged the floor in the bathroom and the ceiling
in the dining room downstairs. John decided to go to court to recover damages from Adam.
However, the judge stated that John is not entitled to any remedy because the caveat emptor
principle is applied. John did not perform thorough due diligence to ensure that the defect in the
bathroom could not cause any damage in the future.
 Qui facit per alium facit per se: [Vicarious liability]
One who acts through another act in one's own interests.
Ex: If a construction worker mishandles the controls of a crane and topples the wall of a nearby
building that was not slated to be worked on, the company overseeing the construction will likely
face vicarious liability. If an engineer likewise loses control of a train, and it proceeds down the
tracks on its own, the company that owns and operates the train may face vicarious liability for
any damages and injury afflicted by the runaway locomotive.

 Audi Alteram Partem: No one should be condemned unheard

 Nemo Debet Esse Judex In Propna Sua Cause: No person can be a judge in his case

 Ex Aequo Et Bono: [According to the right and good or From equity and conscience]
It is a term often used in international law when a matter is to be decided according to principles
of equity rather than by points of law. Article 38(2) of the Statute of the International Court of
Justice provides that the court may decide cases ex aequo et bono, if the parties agree thereto.
In the context of arbitration, it refers to the power of the arbitrators to dispense with
consideration of the law and consider solely what they consider to be fair and equitable in the
case at hand. Article 33 of the United Nations Commission on International Trade Law's
Arbitration Rules (1976) provides that the arbitral tribunal should decide as ex aequo et bono
only if the parties have expressly authorized the arbitral tribunal to do so and if the law
applicable to the arbitral procedure permits such arbitration.

 Factum valet quod fieri non debuit: [what should not be done, becomes valid when
already done]
It is a doctrine of Hindu Law, which was originally enunciated by the author of the Dayabhaga,
and also recognised by the followers of the Mitakshara, that a fact cannot be altered by a hundred
texts. The texts referred to are directory texts, as opposed to mandatory texts.
The maxim, therefore, means that if a fact is accomplished, i.e., if an act is done and finally
completed, although it may contravene a hundred directory texts, the fact will nevertheless stand,
and the act done will be deemed to be legal and binding. Thus, the mere fact that a transaction is
condemned in the Smrities would not necessarily prove that it is void.
Ex: In the ancient text, the father had to give consent for the marriage of his minor daughter
given in marriage to a boy. In the absence of the father, his wife i.e. the mother of the girl gave
such consent to such marriage. In the ancient Hindu text, only the father had to give such consent
and not the mother. Though it was not prohibited, the mother had done it. Such defect in giving
consent was cured by applying this principle of factum valet.
 A. Legal Writing
Legal writing connotes the writing with reference to law, its exposition and criticism. According
to Pamela Samuelson1, good legal writing must make people feel s they have seen something
more clearly, it must induce the reader to feel that he would have come to the same conclusion
that the author reached had the reader done his or her own investigation of the subject-matter.
Legal writing should be flawlessly clear, lucid and enlightening. No one can learn to write well
by aping another person’s style. What a good writer must to do is
 To be yourself
 To learn to appreciate and enhance natural strengths as a writer
 To understand and work on removing whatever weaknesses are undermining strengths

B. Principles of Legal writing

1. Frame your thoughts

2. Phrase your sentences
3. Choose your words

How to frame thoughts

 Have something to say and think it through
First think and then write and see where it takes you. Explain your point in depth and find
out more closely related issues.

 Plan your writing projects

Think of things you want to say as many things as possible and as quickly as possible.

 Order your material in a logical sequence

When you make present facts, take care of chronology and keep related material together.
Adopt an arrangement for your analysis. One has to remember that the whole point of
legal writing is to persuade your reader of your thesis.

 Break your analysis

Divide your document into sections, divine sections into smaller parts as needed and use
informative headings for them

1 Based on Good Legal Writing: of Qrwell and Window Pans, University of Pittsburgh Law Review, 149 (Fall 1984)
How to phrase sentences
 Omit needless words
 Keep your average sentence length to about 20 words
 Keep the subject, verb and object together
 Prefer the active voice over the passive

 Use parallel phrasing for parallel ideas

The jury weighed the evidence carefully, skillfully and wisely: Adverbs
The arguments were long, disorganized and unpersuasive: Adjectives
The victim ran towards the door, hopped on the car and reached hospital: Verbs

 Avoid multiple negatives

No more than one officer may be in the police station
Rather
Only one officer may be in the police station

 End sentences emphatically

Rama died three weeks later in Lucknow, U.P.
Rama died in Lucknow, U.P., three weeks later
Three weeks later while visiting Lucknow, Rama died

How to choose words

 Remove unnecessary jargon
Jargon means confused language. For example,
In the event that…………….if
Bring an action against……..sue
Not less that…………………at least

 Use strong precise verbs

minimize is, was, were etc. For example,
If there is information which the company has reasonable access
Rather
If the company has reasonable access to information

 simplify wordy phrases

For example,
an adequate number of……….enough
a number of…………………..many
at the present time…………….now
during the course of…………...during
for the reason that……………...because
 in the near future………………soon
is able to……………………….can
on a daily basis…………………daily
the majority of…………………..most

 Avoid doublets and triplets

For example,
due and payable……………..due
alienate, transfer and convey…………transfer
 Case Summary

1. Ashby v. White

Facts: Ashby (Plaintiff) a free burgess, was precluded from being able to exercise his right to
vote, by the actions of another, and he brought suit when he sustained injury.
Issue: The issue of this case is whether one party may recover damages when one of his civil
rights is hindered by the action of another.
Held: Chief Justice Holt held that a plaintiff ought to be allowed to recover, because the right to
vote is a common law right and thus, an obstruction of that right should give rise to a cause of
action.
Dissent: The majority in the Court of King’s Bench actually held that the verdict for the Plaintiff
should be reversed.

Discussion: When the actions of one person serve to hinder the rights of another, a cause of
action may arise.

2. Carlil v. Carbolic Smoke Ball Company

Facts: The Defendant, the Carbolic Smoke Ball Company of London (Defendant), placed an
advertisement in several newspapers on November 13, 1891, stating that its product, “The
Carbolic Smoke Ball”, when used three times daily, for two weeks, would prevent colds and
influenza. The makers of the smoke ball additionally offered a 100£ reward to anyone who
caught influenza using their product, guaranteeing this reward by stating in their advertisement
that they had deposited 1000£ in the bank as a show of their sincerity. The Plaintiff, Lilli Carlill
(Plaintiff), bought a smoke ball and used it as directed. Several weeks after she began using the
smoke ball, Plaintiff caught the flu.

Issue: Lindley, L.J., on behalf of the Court of Appeals, notes that the main issue at hand is
whether the language in Defendant’s advertisement, regarding the 100£ reward was meant to be
an express promise or, rather, a sales puff, which had no meaning whatsoever.

Held: Plaintiff was entitled to recover 100£.

The Court acknowledges that in the case of vague advertisements, language regarding payment
of a reward is generally a puff, which carries no enforceability. In this case, however, Defendant
noted the deposit of £1000 in their advertisement, as a show of their sincerity. Because
Defendant did this, the Court found their offer to reward to be a promise, backed by their own
sincerity.

Discussion: This case stands for the proposition that while sales puffery in advertisements is
generally not intended to create a contract with potential product buyers, in this case it did
because the Defendant elevated their language to the level of a promise, by relying on their own
sincerity.
Case Comment on Glouchestar Grammar School
The most important feature of the law is to protect the legal rights of the citizens. Hence whoever
tries to infringe someone’s rights, the law punishes them.
But a question arises when no legal right is infringed but the damage is caused to someone then
how justice is served by the law?
This question was raised by a leading case of Gloucester Grammar School. The case is analyzed
with the help of various other case laws.
Facts
In the case of Gloucester Grammar School, the defendant was a school teacher in the plaintiff’s
school. Due to some dispute, the defendant left the plaintiff’s school and set up a rival school
next to that of the plaintiff. As the defendant was famous amongst students for his teaching, boys
from the plaintiff’s school left it and joined the defendant’s school. The plaintiff sued the
defendant for the monetary loss caused.
Judgment
It was held that no suit could lie, the defendant was not liable. Compensation is no ground of
action even though the monetary loss is caused but if no legal right is violated. The defendant
had lawfully set up his school and did not violate any legal rights of the plaintiff in doing so.
Also, the students earlier studying in the appellant’s school liked the teaching style of the
defendant, hence it was their choice to choose the institution to study in. The appellant could not
stop the defendant to run a business as a competition at his school.
Case analysis
In the case of Gloucester Grammar School, the judgment of not holding the defendant liable for
setting up a rival school next to that of the plaintiff was in accordance with the Law of Torts,
‘Tort’ means ‘Civil Wrong’.
Law of Torts is known to be “An instrument to make people adhere to conduct of reasonable
behavior and respect the rights and interests of one another.”
This it does by protecting interests and by providing for situations when a person whose
protected interest is violated can recover compensation for the loss suffered by him from the
person who has violated the same also known as ‘Injuria Sine Damno’ in Latin, which
means ‘injury suffered without an actual loss’.

The case we are discussing is related to ‘An act which caused damage but no legal right is
infringed or compromised’ also known as ‘Damnum Sine Injuria’ in Latin, which means
‘damage suffered without legal injury’. The plaintiff had suffered considerable damages but bona
fide competition can afford no ground of action.
Similarly, in the case of Chasemore v/s Richards 1859, Plaintiff was running a mill on his own
land, and for this purpose, he was using the water of the stream for a long time. The Defendant
dug well in his own land and thereby cut off the underground water supply of stream. Through
percolation, the water gathered in the well of defendant.
The quantity of water of the stream was reduced and the mill was closed for non-availability of
water. The plaintiff sued defendant for the damage caused.
It was held in accordance with Damnum Sine Injuria that Defendant was not liable.
According to me, in the case of Gloucester Grammar School, the decision of not holding the
defendant liable who had set up a rival school opposite to that of the appellant was correct. As
students in the appellant’s school liked the defendant’s teaching style and it was their choice to
choose the institution they would like to study in.
And the appellant could not restrain the defendant to run a school because it is his right to run a
lawful business with his consent.
 Paraphrasing

Introduction

Paraphrasing is an important part of writing a paper. In paraphrasing, the writers try to rewrite a
direct quote from a text such as books or journals into their own words. This does not mean
changing a few words around. It means taking the authors ideas, summarizing them into the
writers’ own words and then using them. In a good paraphrase, the original sentences and
vocabulary of the source text may not be written in the paper. The writers cannot merely
substitute synonyms of the sentences and vocabulary, and then leave them without change the
arrangement of the text. Writing a good paraphrase, automatically, requires the writers to
consider both the precise use of words and the sense of the whole statements. Actually,
paraphrase is a part of a process of understanding and responding to a specific written passage.
This means that the writers should deal with the people’ ideas to get the whole explanation of the
source of text.1

What is Paraphrasing?

Paraphrasing encourages the writers to engage their prior knowledge to access what is already
known about the topic. It also expects the writers to use words which belong to parts of the
writers’ knowledge. This activity can help the writers to construct retrieval cues that enable to
integrate what is previously known with what is being read. It is considered as the important part
to comprehend a passage.

According to Bazerman, the writers should pay attention on two points while paraphrasing. They
are the meaning of words and the relationship between words as they are used in context.2 The
writers must be responsible to the content of the context. They have to make sure that they will
take the original context. This means that they are will not add anything new and misrepresent
the original content.

Paraphrasing and Summarizing

1 Pungky Ramadhani, ‘The Role of Paraphrasing in Writing Research Papers’, ALSUNA: Journal of Arabic and English
Language
2 Bazerman, Charles, ‘The Informed Writer: Using Sources in the Disciplines’, 5th Edition. 2010.
Some people say that paraphrasing is similar to summarizing. When the writers take the content
into one’s own words in paraphrasing is often considered similar as summarizing.3 In fact,
paraphrasing is different from summarizing. It is much easier than summarizing. To summarize
something, the writers are supposed to make the passage shorter. This means that the writers
should only take the important points of the passage, then import them to be a new passage. The
points are general statement of the passage, topic sentence, removing the redundancy of the
sentence, and certainly removing the unimportant information of the passage.4

Paraphrasing, actually, does not mean that the writers should make the difference between
important and unimportant points in the passage.5 Nevertheless, the writers should know the
main point of the passage in order to produce a good paraphrase.

Summarizing is more formal than paraphrasing. In order to master the ability of summarizing,
the writers need to practice how to do it well. On the other hand, in paraphrasing, students may
be able to paraphrase long before they acquire the ability to summarize. By examining this
phenomenon, we can say that paraphrasing may be seen as a basic to learn how to summarize
properly

The Procedure of How to Paraphrase

Writing a good paraphrase requires the writers to pay attention on the choice of words and the
sense of the whole statements. To consider the meaning of the text, the writers who want to
paraphrase a certain statement must know how to take the statement then put them into the
written work. Understanding the point of the statement in a text will need an effort from the
writers to achieve success on paraphrasing.

According to Brenda Spatt, the writers should follow these several steps to paraphrase
sentences/paragraphs effectively. They should pay attention on each step in order to create a
good paraphrase.6

 When the writers intend to paraphrase something, they need to understand the ideas and
concepts of the original text. It is important because by understanding the ideas of

3 Pamela J. Sharpe. TOEFL IBT Internet-Based Test 12th Edition. Barron’s Educational Series, Inc., 2006.
4 Brenda Spatt. “Writing from Sources Eight Edition.” Bedford/St. Martin’s All, 2011
5 Brenda Spatt. “Writing from Sources Eight Edition.” Bedford/St. Martin’s All, 2011
6 Brenda Spatt. “Writing from Sources Eight Edition.” Bedford/St. Martin’s All, 2011
 original text, they can express the idea and write in their own words. The writers are not
allowed to copy the complete sentence, they just write a few words as possible.
 Second, the writers should write the bibliographical details of the sources. It is used to
write the reference in their paper. Whenever they cite a statement, they should write the
sources. It can also avoid the plagiarism.
 The next step is developing the position and viewpoints. The writers should make outline
before they make a paraphrase. The material of paraphrasing should fully into the writers’
own style, words, and grammar. Underlining some words that can be substituted with a
synonym is also needed in paraphrasing.
 The fourth step is putting the original text away. In other words, the writers do not allow
to put the original text into the written work. The writers can start to paraphrase the
statements using their notes.
 In the process of paraphrasing, certainly, the writers should rewrite the point of a certain
statement. Nevertheless, they are not allowed to merely substitute the words. They must
also change the structure of the original text. Yet, they should try to keep the meaning
and the sense of the statements taken from the original text.
 Then, the writers should write the sentence using their own words and change the
structure of the sentences without changing the meaning from the original text.
 The last, the writers should compare their paraphrase with the original text to make sure
that it expresses the same ideas and sense that are stated in the original text.

Here is an example of paraphrase of a short passage

There has been much debate about the reasons for the industrial revolution happening in
eighteenth-century Britain, rather than in France or Germany.

Could be paraphrased

Why the industrial revolution occurred in Britain in the eighteenth century, instead of in the
France or Germany, has been the subject of considerable discussion.
 Format of GD
To
The Officer-In-Charge
Dhanmondi Police Station
Dhaka Metropolitan Police
Dhaka-1209

Subject: Entry of General Diary

Sir,
I, the undersigned am Mr.X, son of Mr.Y, Present Address:….., Permanent Address:….. I am a
businessman and I deal with computer and other electronic instruments having the title of the
show room of “Modern Computer” on my present address. Today at 5 pm I got a phone call from
an unknown number such as 01xxxxxxxx. A male from other side introduced himself as Kala
Rafiq and he demanded 50,000 tk (Fifty Thousand taka) from me. He ordered to deliver that
amount to his sending fellow Benga Kalu at my show room tomorrow 10:30 am. He also
threatened me in case of failure of his demand, or if I take help from police, my life would be in
risk.

In this situation, I am in great danger and feel helpless. I am mow in dire need of proper security
to save my life and business from this threat.

As such I would request you to put this matter into your General Diary and to keep record of the
same for future course of legal action.

Yours sincerely

Mr.X
Owner of Modern Computer
Address:
 Format of FIR

To
The Officer-In-Charge
Dhanmondi Police Station
Dhaka Metropolitan Police
Dhaka-1209

Subject: Entry of an Ejahar

Place of offence: T.S.C., Shahbag, Dhaka

Date and time of Offence: 7/3/2023, 11:30 pm

Sir,
I, the undersigned am Mr.X, son of Mr.Y, Present Address:….., Permanent Address:….. I am a
businessman of seasonal goods. Today I was returning from New Market with my son Z by
selling different items of cosmetics and accessories. At 11:30 pm, when we were at T.S.C corner,
we saw some persons following us. Suddenly they 1. Mintu, son of X, age: 22 years 2. Monir,
son of Y, age: 21 years 3. Jibon, son of Z, age: 21 years, seasonal businessmen of New Market
came nearer to us along with 3/4 unknown (all of them would be between 21-24 years of age)
miscreants. They forcibly stopped us and showed two big glassing swords and wanted what we
had with us. We disagreed to deliver anything to them. Then Mintu hander over one sword to
Monir and Monir hit with that sword to my son’s right hand and forcibly took my hand bag from
me. I had 25,000 tk (Twenty Five Thousand taka) in the hand bag that I got from selling
cosmetics and accessories that day. Mintu and Monir threatened us not to inform it to the police
or others. They also threatened us if we would do anything against their command our life will
be ended forever. Then I somehow managed to stop a car where I found Kabir Uddin, Assistant
Registrar of Dhaka University. He helped me to take my son Dhaka Medical College Hospital
and my son is now under treatment in the hospital.

I am late for few hours to lodge the petition because of transferring my son to hospital.

As such I would request you to take proper steps to arrest and present the above miscreants
before the court of law for trial and punishments.

Yours Sincerely
Name
Present address
 Format of Affidavit

Before the Notary Public of Dhaka, Bangladesh

AFFIDAVIT

I, Foujia Huda, daughter of Md. Nurul Huda of Vill: Nazira, Post Office: Khalilgonj, Thana:
Kurigram, Kurigram, District: Kurigram, at present residing at BKSP, Zirani, Savar, Dhaka aged
21 years, by profession student, by faith Muslim, by Nationality Bangladeshi by birth do hereby
solemnly affirm and declare as follows:

1. That my name mistakenly appeared in both of my SSC and HSC certificates as “Fouja
Huda”.
2. That my name is Foujia Huda and as such I have made correction to my name from
“Foujia Huda” before the Notary Public and from now my name is “Foujia Huda”.
3. That the statement made above are time to the best of my knowledge and belief and in
witness whereof I sigh this affidavit before the Notary Public on 6th day of January, 2023,
Dhaka, Bangladesh.

(FOUJIA HUDA)

Deponent

The deponent is known to me

and identified by me and she
has signed in my presence

(Md. Abdus Salam)

Advocate,
Bangladesh Supreme court
Dhaka, Bangladesh
What is Plagiarism?

Plagiarism is the unethical practice of using words or ideas (either planned or accidental) of
another author/researcher or your own previous works without proper acknowledgment.
Plagiarism, specifically, is a term used to describe a practice that involves knowingly taking and
using another person’s work and claiming it, directly or indirectly, as your own.1 Plagiarism
derives from the Latin term Plagiarius, which means kidnapper. Plagiarism is a field of research
corruption described as writing new ideas or words created by somebody or from one’s own
earlier research, and aiming to publish such work without properly referencing the original writer
and paper. Plagiarism is a crime and an ethical offence. So, plagiarism is stealing someone’s
intellectual property.

Types of Plagiarism

There are four types of plagiarism:

a) Accident plagiarism: This plagiarism occurs when an individual ignores quoting their
sources, misquotes their sources, or mistakenly paraphrases a document using
unattributed related terms, word groups, and/or sentence construction. Accidental
plagiarism cases are taken as seriously as any other plagiarism and subject to the same set
of penalties as plagiarism of other types.

b) Self-plagiarism: Self-plagiarism happens when a student submits his/her own earlier

work or combines pieces of previous works without the permission of all concerned
instructors. Self-plagiarism also refers to presenting the same piece of writing for various
classroom assignments without prior permission from both instructors.

c) Intentional/deliberate plagiarism: This plagiarism claims to be the principal author of a

work you know was written entirely by someone else. The intentional plagiarism are:
copying and pasting text from online encyclopedias; copying information from electronic
sources (web information, web pages, any electronic source/database) and using it as
your own; using photographs, video or audio without permission or acknowledgement;
using another student’s or your parents’ work and claiming it as your own even with

1Neville, C. (2010). The Complete Guide to Referencing and Avoid Plagiarism. New York; Maidenhead: Open
University Press, p.28
 permission; quoting a source without using quotation marks-even if you do cite it; citing
sources you did not use, patchwriting (copying a passage and changing only an
occasional word here and there); turning in the same paper for more than one class
without the permission of both teachers (this is also called self-plagiarism); using your
own work without properly citing it; ask someone else to write a report/dissertation/thesis
for you; force others to include your name as co-researcher/co-author without
contribution; fabricate references or using incorrect references etc.

d) Unintentional plagiarism: This plagiarism is plagiarism arising from disregard for correct
scholarly procedures. The unintentional plagiarism are: careless paraphrasing, poor
documentation, quoting excessively, failure to use your own ‘voice’, the forgotten
footnote, the misinformer etc.

How Can You Avoid Plagiarism?

Plagiarism is a complicated topic and comprehension of its complex issue is a precondition for
successfully reacting to it.2 Therefore, the following simple five rules are effective to avoid
plagiarism.3

(1) Do not copy: It is not good writing to imitate verbatim words from any other paper or book
(even if it is your own previously published work). Relatively short quotes are permissible if
found inside quotation marks and the source is cited instantly after the quote. This would go
without saying that it is gross plagiarism to copy without quotation marks and lack of sufficient
references, but sadly this is happening.

(2) Write in your own words: Write out all your ideas to help you out without using someone
else words or even the writing style of another. In general, that means you should avoid
paraphrasing the maximum possible. Paraphrasing or rewriting someone else's text in your own
words is only acceptable if it occurs minimally in the text (e.g., a paragraph) and at the end of the
paraphrased passage, the source is cited.

2Pecorari, D. (2013). Teaching to avoid plagiarism: How to promote good source use. McGrawHill Education (UK)
3 Ober, H., Simon, S. I., & Elson, D. (2013). Five simple rules to avoid plagiarism. Annals of biomedical
engineering, 41(1), 1-2
The easiest way to avoid plagiarism concerns here is not to make paraphrases. You should use
your own “speech” initially to pass the thoughts on. You should not mix the primary and
borrowed text without referencing the borrowed text.

(3) Cite when in doubt: If you are citing yourself excessively for that, it could indicate that you
do not write enough in your language. It is a message you should be following consider writing
your paper over again. Popular words and phrases should never be quoted or placed into
quotation marks, but any description of widely known terms must be correctly cited.

(4) Do not reuse photos, statistics, tables or text from one of your own previously published
articles without reference. In general, it is safer not to republish a statistic, you have previously
written. However, if you need to, please cite the original paper in the table or figure caption to
make sure. If you have not kept copyrights, note in the text that it was from your earlier
publication and seek permission. Do not recycle from one piece of paper to another. For every
piece of paper, compose new text. When you fail to do such things, you will commit self-
plagiarism which is intentional plagiarism, but sometimes unintentional.

(5) Ask permission: If you wish to use a figure, table or any data that has not been used
published earlier and produced or compiled by someone who is not a co-author of your article,
you have to ask their authorisation, and assign it to them. The same applies if you use their data
to compose your own figure or table. With any published image, table or illustration, you plan to
republish, request copyright permission

Here are some other guidelines to avoid plagiarism.

1. Paraphrase your content: Do not copy–paste the text verbatim from the reference paper.
Instead, restate the idea in your own words. Understand the idea(s) of the reference source well
in order to paraphrase correctly. Examples on good paraphrasing can be found here
(https://writing.wisc.edu/Handbook/QPA_paraphrase.html)

2. Use Quotations

Use quotes to indicate that the text has been taken from another paper. The quotes should be
exactly the way they appear in the paper you take them from.

3. Cite your Sources – Identify what does and does not need to be cited
4. Maintain records of the sources you refer to
1. ‘Laws grind the poor, and rich men rule the law’

- OLIVER GOLDSMITH (1728 – 1774) was an Anglo-Irish novelist, playwright and poet

Ex.: A poor man getting into any problem cannot come out of the police station or court easily
and jailed easily with no means to get a bail. Whereas a rich politician or businessman come out
of the station very easily with the influence of money and muscle power avoiding jail with
simple bail.

Ex.: Coming to the case of the poor, Legal Aid Societies have been established across the
country and anybody who is financially or otherwise not in a position to get legal help can
approach these authorities for necessary assistance. Legal aid has been expanded to such an
extent that a mere post card sent to a Judge will be treated and proceeded with as a matter before
the Court. So, it is no longer the case of 'laws grind the poor and rich men rule the law'.

2. ‘Wherever Law ends, Tyranny begins’

JOHN LOCKE, English philosopher and physician. He is commonly known as the Father of
Liberalism. He is famous for his social contract theory.

John Locke states in Section 202 of Chap. XVIII "Of Tyranny" in Book II of the Two Treatises
of Government that even magistrates must abide by the law:

Where-ever law ends, tyranny begins, if the law be transgressed to another’s harm; and
whosoever in authority exceeds the power given him by the law, and makes use of the force he
has under his command, to compass that upon the subject, which the law allows not, ceases in
that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by
force invades the right of another. This is acknowledged in subordinate magistrates. He that hath
authority to seize my person in the street, may be opposed as a thief and a robber, if he endeavors
to break into my house to execute a writ, notwithstanding that I know he has such a warrant, and
such a legal authority, as will empower him to arrest me abroad. And why this should not hold in
the highest, as well as in the most inferior magistrate, I would gladly be informed.

3. ‘Law is the Command of Sovereign backed by sanction’

JOHN AUSTIN (3 March 1790 – 1 December 1859) was an English legal theorist, who
influenced British and American law with an analytical approach to jurisprudence and a theory
of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any
need for connections between law and morality.

Austin dominated the field of jurisprudence for a long time with his Province of Jurisprudence
Determined (1852). In his Province of Jurisprudence Determined states that - A law in its literal
meaning, is employed, may be said to be a rule laid down for the guidance of an intelligent being
by an intelligent being having power over him. A command which is both express and general,
which (command) is issued from a sovereign to a subject. Non-compliance with which results in
the sovereign imposing a sanction on subject

4. ‘Injustice Anywhere Is a Threat to Justice Everywhere’

Martin Luther King Jr.. He was an American Baptist minister and activist who became the most
visible spokesperson and leader in the Civil Rights Movement from 1955 until his assassination
in 1968. King is best known for advancing civil rights through nonviolence and civil
disobedience, inspired by his Christian beliefs and the nonviolent activism of Mahatma Gandhi.

Letter from a Birmingham Jail, 16 April 1963

Injustice negates justice, human actions that abuses the privileges of others and care less about
their dignity and emotions can be termed injustice. Many examples of injustice include: racism,
abuse, discrimination, gender inequality, starvation, poverty, politics of self-interest, ethnic
polarization, religious prejudice, etc.

5. ‘Power tends to corrupt and absolute power corrupts absolutely’

John Emerich Edward Dalberg Acton (LORD ACTON) was an English Catholic historian,
politician, and writer. He is perhaps best known for the remark, "Power tends to corrupt, and
absolute power corrupts absolutely. Great men are almost always bad men...", which he made in
a letter to an Anglican bishop

Lord Acton writes to Bishop Creighton in a series of letters concerning the moral problem of
writing history about the Inquisition. Acton believes that the same moral standards should be
applied to all men, political and religious leaders included, especially since, in his famous phrase,
“power tends to corrupt and absolute power corrupts absolutely”:
6. ‘Justice should not only be done but should manifestly and undoubtedly be seen to be
done’

Lord Chief Justice Hewart’s

This dictum was laid down by Lord Hewart, the then Lord Chief Justice of England in the case
of Rex v. Sussex Justices, [1924] 1 KB 256.

Lord Hewart delivered his judgement on November 9, 1923. After setting out the facts, he held
that that he fully accepted the statements contained in the affidavit of the Sussex justices. He also
accepted that the presence of the deputy clerk did not influence their decisions and that he did
not participate in their deliberations. He also assumed and accepted that the deputy clerk had
scrupulously abstained from referring to the civil case which the law firm had been engaged to
pursue the claim for damages against McCarthy.

Despite accepting these facts and also the fact that the conviction was not influenced by the
presence of the deputy clerk, Lord Hewart quashed the conviction by observing: “It is not merely
of some importance but is of fundamental importance that justice should not only be done, but
should manifestly and undoubtedly be seen to be done”.

7. ‘Let Hundred Guilty Be Acquitted, But One Innocent Should Not Be Convicted’

In criminal law, Blackstone's ratio (also known as the Blackstone ratio or Blackstone's
formulation) is the idea that:

‘It is better that ten guilty persons escape than that one innocent suffer’ as expressed by the
English jurist William Blackstone in his seminal work Commentaries on the Laws of England,
published in the 1760s.

Sir William Blackstone (1723 – 1780) was an English jurist, judge and Tory politician of the
eighteenth century. He is most noted for writing the Commentaries on the Laws of England.

8. ‘The life of the law has not been logic; it has been Experience

Oliver Wendell Holmes Jr.

Holmes is the main proponents of the American legal realism. He contributes to the American
legal realism through his famous two works The Common Law (Published in 1881) and The
Path of the Law (Published in 1898). He was an American jurist who served as an Associate
Justice of the Supreme Court of the United States from 1902 to 1932

The Common Law heavily influenced American Legal Realist thought, and some scholars have
dubbed the book to be Holmes‘s masterpiece. The book commences with Holmes‘s famous
aphorism: The life of the law has not been logic; it has been experience.

Example: ADR, Precedent

10. ‘An unjust law is itself a species of violence’

MAHATMA GANDHI, Non-violence in Peace and War 1942-49

“An unjust law is itself a species of violence. Arrest for its breach is more so. Now the law of
non violence says that violence should be resisted not by counter-violence but by nonviolence.
This I do by breaking the law and by peacefully submitting to arrest and imprisonment.”

11. ‘Law without justice is a wound without a cure’: WILLIAM SCOTT DOWNEY

12. ‘Law is order, and good law is good order’: ARISTOTLE

13. ‘There is but one law for all, namely, that law which governs all law, the law of our
Creator, the law of humanity, justice, equity -- the law of nature and of nations’: EDMUND
BURKE

14. ‘Ignorance of the law is no good excuse, where every man is bound to take notice of the
laws to which he is subject’: THOMAS HOBBES