Thursday, May 23, 2019

Some Basic Terminology

Some Basic Terminology

Some Basic Terminology
Some Basic Terminology

FIR:
It means First Information Report. A criminal case is initiated by FIR.

Wrong:
Wrongs means doing illegal or un-legal things and not non-legal things, as non-legal things are neither actionable nor punishable.
Wrongs are of two types.
Civil Wrongs:
Civil wrong includes breach of a contract and torts. A plaint is filed in this case in the court. A plaint is a written statement or say application to the civil judge in case of a civil wrong. A civil case is called suit. The proceeding of a civil case is called hearing. The person who files the plaint is called plaintiff; as he plaints, and the person against whom the plaint is filed is called defendant; as he will do defence of himself. In civil case, a person who has done the wrong is called wrong doer and the person whose loss has been done is called aggrieved.
 If the court decides the case then it would be in the favour of one of the parties. The person, in whom favour the case is decided, is called the decree holder and the other one, against whom the decree is made is called the judgement debtor. The judgement debtor is ordered to pay the damages to the aggrieved person. In a civil case, compensation means the repair of the loss.
Criminal Wrongs:
A criminal wrong includes un-legal wrongs, i.e. wrongs against the law. It is simply committing an offence   crime. 
In a criminal case one of the parties is state and the wrong doer is called accused.  A criminal case is called complaint. The proceeding of a criminal case is called trial. If the accused proved guilty, then it is called convict. The convict is punished.

Appeal:
When one of the parties use appellate jurisdiction, then we say that appeal is preferred. The written statement of the appeal is called memorandum of appeal. The person who prefers the appeal is called appellate and the person against whom appeal is preferred is called the respondent.

Petition:
Any application submitted to the higher court is called petition and the person submitting this application is called petitioner.

Dispute Dissolution:
In Pakistan, disputes are dissolved by two ways
1. Adjudication;
This is the court procedures and it always ends with an enmity.
2. Arbitration;
This dissolution of dispute through Jirga or punchayiat and it always ends with a friendship.

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