Legal Fundamentals — Core Concepts

Basic Legal Terminology

Jurisdiction: Court's authority to hear a case. Three types:

•Subject-matter jurisdiction — what type of cases the court can hear

•Territorial jurisdiction — geographic area the court covers

•Pecuniary jurisdiction — monetary value of cases the court can handle

Cause of Action: The set of facts that gives a person the right to seek legal remedy.

Plaintiff / Complainant: Person who brings the legal action.

Defendant / Respondent: Person against whom the action is brought.

Locus Standi: Legal standing — right to bring a case before a court (e.g., PIL can be filed by any public-spirited citizen).

Prima Facie Case: Sufficient evidence to proceed to trial on the face of it.

Types of Law

Type	Nature	Examples

|------|--------|---------|

Substantive Law	Defines rights, duties, offences	IPC, Contract Act, Constitution
Procedural Law	How to enforce substantive law	CrPC, CPC, Evidence Act
Public Law	State vs Citizen	Constitutional, Administrative, Criminal
Private Law	Individual vs Individual	Contract, Tort, Family Law

Cognizable vs Non-Cognizable Offences

	Cognizable	Non-Cognizable

|-|-----------|---------------|

FIR	Can be registered	Cannot — needs complaint to Magistrate
Arrest	Police can arrest without warrant	Warrant required
Investigation	Police can investigate without Magistrate order	Need Magistrate's order
Examples	Murder, Robbery, Rape, Dacoity	Cheating, Defamation, Assault

Bailable vs Non-Bailable Offences

Bailable: Bail is a right — police or Magistrate must grant it.

Non-Bailable: Bail is a privilege — court has discretion. Factors: nature of crime, criminal history, flight risk, tampering with evidence.

Types of Evidence

1.Direct Evidence: Eyewitness testimony, CCTV footage, confession

2.Circumstantial Evidence: Inferred from circumstances (fingerprints, motive, opportunity)

3.Documentary Evidence: Written documents, emails, contracts

4.Expert Evidence: Medical, forensic, financial expert testimony

5.Electronic Evidence: WhatsApp messages, emails, digital records (Section 65B certificate required)

Burden of Proof:

•Criminal: Prosecution must prove beyond reasonable doubt

•Civil: Plaintiff must prove on balance of probabilities

Key Acts to Know

Act	Year	Coverage

|-----|------|---------|

Indian Contract Act	1872	Contracts, offer, acceptance, consideration, breach
Transfer of Property Act	1882	Sale, mortgage, lease, gift, exchange of property
Indian Evidence Act	1872 → BSA 2023	Rules of evidence in courts
Limitation Act	1963	Time limits to file suits/appeals
Specific Relief Act	1963	When courts can compel performance of contract
Arbitration & Conciliation Act	1996	Alternative dispute resolution
Legal Services Authorities Act	1987	Free legal aid, Lok Adalat

Limitation Periods (Important for Exams)

Suit / Action	Limitation Period

|--------------|-----------------|

Money suit (simple contract)	3 years
Suit on promissory note	3 years
Suit to set aside fraud	3 years from discovery
Suit for recovery of possession of immovable property	12 years
Suit by/against government	30 years
Consumer complaint	2 years
Criminal appeal	30–90 days (varies)

Lok Adalat — People's Court

Under Legal Services Authorities Act 1987:

•Pre-litigation settlement OR pending case settlement

•Award is final and binding — deemed a decree of civil court

•No appeal lies against Lok Adalat award

•No court fee — refunded if settled via Lok Adalat

•Covers: motor accident claims, matrimonial disputes (except divorce), labour disputes, compoundable offences

Right to Free Legal Aid (Article 39A)

Available to:

•Women and children

•SC/ST members

•Persons with disability

•Victims of mass disaster, violence, flood, drought

•Persons in custody

•Persons with annual income below threshold (₹3 lakh for SC; varies by state)

Through: DLSA (District Legal Services Authority) → SLSA (State) → NALSA (National)

Legal Fundamentals — Fundamentals