Legal Terms PDF

***[Legal Terms: ]*** - Immunity, Liability, Discharge, Remedy, Plaintiff, Defendant, Respondent, Adversary, Appellant, Adjudication, Acquit, Culprit, Victim, Aggrieved Party, Abstain, Civil Wrong, Crime, Wrongdoer, Wronged, Damages, Claim, Claimant, Clear Title, Possession, Owner...

***[Legal Terms: ]*** - Immunity, Liability, Discharge, Remedy, Plaintiff, Defendant, Respondent, Adversary, Appellant, Adjudication, Acquit, Culprit, Victim, Aggrieved Party, Abstain, Civil Wrong, Crime, Wrongdoer, Wronged, Damages, Claim, Claimant, Clear Title, Possession, Ownership, Civil law, Common Law, Positive Law, Notification, Byelaw, Order, Decree, Bare Act, Capacity, ADR, Tribunal, Quasi-Judicial Authorities - Ownership, Possession, Adverse Possession, Actionable, Abate/ Abet, Ab initio, Assignment, Assignee, Assigner, Attachment, Attestation, Bona fide, Conveyance, Easement, Ejectment, Evidence, Prima Facie - Authority, Precedent, Rules, Regulations, Enactment, Statute, Code, Act, Bill, Ordinance, Dictum -- Obiter Dicta, Ratio -Ratio Decidendi, Ex- Parte, Right In Rem, Right In Personam, In Re, Ipso Facto, Decree, Award, Foreign Award, Enforcement **Importance of Legal Terms** Legal terms play crucial role field law. They are essential for understanding and interpreting laws, contracts, and other legal documents. Legal terms can often be complex and confusing, but their importance cannot be overstated. This article, explore significance legal terms why important legal world. **Clarity Precision** Legal terms are used to provide clarity and precision in legal documents. They have specific meanings and interpretations that help to avoid confusion and ambiguity. **For example,** the legal term "consideration" in contract law refers to something of value that is exchanged between parties, and its precise definition can have a significant impact on the outcome of a case. **Consistency and Uniformity** Legal terms also promote Consistency and Uniformity interpretation application law. By using standardized terms, the legal system can ensure that the same rules and principles are applied across different cases and jurisdictions. This helps to create a fair and predictable legal environment for all parties involved. Legal terms are like the secret code of the legal world. Understanding them is like holding the key to unlock a treasure trove knowledge and power. Without a grasp of legal terms, navigating the complex maze of laws and regulations becomes an impossible feat. It's like trying to solve puzzle without knowing the rules. So, in essence, in understanding legal terms is not just important, but it's absolutely critical or anyone involved in the legal realm. Misinterpreting legal terms can lead to a complete misrepresentation of facts, which in turn can be downfall of a case. It's like building a house on shaky foundation -- it's only a matter of time before it all comes crashing down. So, to put simply, misunderstanding legal term can be the kiss of death for a legal case. Legal terms are the building of blocks of laws and regulations. They serve as the language through which the intentions of lawmakers are expressed, and as such, they play a crucial role in the interpretation of legal texts. It's like deciphering a cryptic message -- the meaning of the entire text hinges on a few key words. Legal terms shape the interpretation of laws and regulations by providing the framework through which their application and implications are understood. They are very essence of legal language. **[Terms:]** 1. **[Common Law System] v/s [Civil Law System]** -- -- -- -- -- -- 2. **[Immunity:]** Immunity refers to legal protection that [exempts](https://www.law.cornell.edu/wex/exemption) a person from [liability](https://www.law.cornell.edu/wex/liability), punishment, or legal action that would otherwise apply. Immunity can be granted in various contexts, including [criminal](https://www.law.cornell.edu/wex/criminal) and [civil](https://www.law.cornell.edu/wex/civil) cases, administrative [proceedings](https://www.law.cornell.edu/wex/proceeding), and legislative inquiries. For example, see \"[immunity from prosecution](https://www.law.cornell.edu/wex/immunity_from_prosecution)\" The concept of immunity has its roots in the [common law](https://www.law.cornell.edu/wex/common_law), but it has been codified in various [statutes](https://www.law.cornell.edu/wex/statute) and legal [codes](https://www.law.cornell.edu/wex/code).  **For example,** the [Indian Constitution](https://www.law.cornell.edu/wex/supremacy_clause#:~:text=Article%20VI%2C%20Paragraph%202%20of,laws%2C%20and%20even%20state%20constitutions.) grants immunity to [federal](https://www.law.cornell.edu/wex/federal) officials performing duties. Police officer killing offender/ culprit. In other words, Immunity is an exemption from a legal requirement, prosecution, or penalty granted by government authorities or statute. The main **types** of immunity are witness immunity, public official's immunity from liability, sovereign immunity, and diplomatic immunity. Factors considered when granting immunity from prosecution for witnesses include the seriousness of the offense, reliability, and Involvement in criminal activity. Governmental, sovereign, and diplomatic immunity are also granted for specific persons and circumstances. 3. **[Liability:]** In [law](https://en.wikipedia.org/wiki/Law), **liable** means \"responsible or answerable in law; legally obligated\". A [party](https://www.law.cornell.edu/wex/party) is liable when they are held legally responsible for something. Unlike in [criminal](https://www.law.cornell.edu/wex/criminal) cases, where a [defendant](https://www.law.cornell.edu/wex/defendant) could be found [guilty](https://www.law.cornell.edu/wex/guilty), a defendant in a [civil case](https://www.law.cornell.edu/wex/civil_case) risks only liability.  A party can be held liable based on their own actions, their own inactions, or the actions of people/animals for which they are legally responsible. The exact conduct necessary to hold a party liable varies based on each state's individual set of laws.  A liable party will likely be required to pay monetary [damages](https://www.law.cornell.edu/wex/damages), though in rare cases they may also be required to complete [specific performance](https://www.law.cornell.edu/wex/specific_performance).   One of the most significant words in the field of law, liability means legal responsibility for one\'s acts or omissions. Failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or a court order to perform (as in a breach of contract or violation of statute). **Example:** Jack Jumpstart runs a stop sign in his car and hits Sarah Stepforth as she is crossing in the cross-walk. Jack has a duty of care to Sarah (and the public) which he breaches by his negligence, and therefore has liability for Sarah\'s injuries, giving her the right to bring a lawsuit against him. However, Jack\'s father owns the automobile and he, too, may have liability to Sarah based on a statute which makes a car owner liable for any damages caused by the vehicle he owns. The father\'s responsibility is based on \"statutory liability\" even though he personally breached no duty. 4. **[Discharge:]** To release from an obligation. In other words, it does mean; discharge is an act of freeing someone from a responsibility. Discharges are given for the least-serious offences such as very minor thefts. A discharge means that the person is released from court without any further action. The court may give an offender an **absolute discharge**. This means that the court has decided not to impose a punishment because the experience of going to court has been punishment enough. The court can also give a **conditional discharge**. This means that, if the offender commits another crime, they can be sentenced for the first offence and the new one. A discharge can be combined with an order for disqualification, payment of compensation or court costs. 5. **[Remedy:]** A **legal remedy**, also referred to as **judicial relief** or a **judicial remedy**, is the means with which a [court of law](https://en.wikipedia.org/wiki/Court_of_law), usually in the exercise of [civil law](https://en.wikipedia.org/wiki/Civil_law_(common_law)) jurisdiction, enforces a [right](https://en.wikipedia.org/wiki/Right), imposes a [penalty](https://en.wikipedia.org/wiki/Sentence_(law)), or makes another [court order](https://en.wikipedia.org/wiki/Court_order) to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. It means by which a court enforces a right or orders redress for a wrong. It can include damages (whether compensatory or restitutionary), injunctive relief (whether interim or final) and specific performance (of outstanding obligations). **It is a way of [solving](https://dictionary.cambridge.org/dictionary/english/solve) a [problem](https://dictionary.cambridge.org/dictionary/english/problem) or [ordering](https://dictionary.cambridge.org/dictionary/english/ordering) someone to make [payment](https://dictionary.cambridge.org/dictionary/english/payment) for [harm](https://dictionary.cambridge.org/dictionary/english/harm) or [damage](https://dictionary.cambridge.org/dictionary/english/damage) they have [caused](https://dictionary.cambridge.org/dictionary/english/cause), using a [decision](https://dictionary.cambridge.org/dictionary/english/decision) made in a [law](https://dictionary.cambridge.org/dictionary/english/law) [court](https://dictionary.cambridge.org/dictionary/english/court)**. 6. **[Plaintiff and Defendant: ]** **[Plaintiff:]** A person who brings a legal action. A **plaintiff** is the party who initiates a [lawsuit](https://en.wikipedia.org/wiki/Lawsuit) (also known as an *action*) before a [court](https://en.wikipedia.org/wiki/Court). By doing so, the plaintiff seeks a [legal remedy](https://en.wikipedia.org/wiki/Legal_remedy). If this search is successful, the court will issue [judgment](https://en.wikipedia.org/wiki/Judgment_(law)) in favor of the plaintiff and make the appropriate [court order](https://en.wikipedia.org/wiki/Court_order) (e.g., an order for [damages](https://en.wikipedia.org/wiki/Damages)).  \"Plaintiff\" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being [England and Wales](https://en.wikipedia.org/wiki/England_and_Wales), where a plaintiff has, since the introduction of the [Civil Procedure Rules](https://en.wikipedia.org/wiki/Civil_Procedure_Rules) in 1999, been known as a \"**claimant**\" and [Scotland](https://en.wikipedia.org/wiki/Scotland), where the party has always been known as the \"**pursuer**\". In criminal cases, the [prosecutor](https://en.wikipedia.org/wiki/Prosecutor) brings the case against the defendant, but the key complaining party is often called the \"**complainant**\". **[Defendant:]** In court proceedings, a **defendant** is a [person](https://en.wikipedia.org/wiki/Legal_personality) or object who is the [party](https://en.wikipedia.org/wiki/Party_(law)) either accused of committing a [crime](https://en.wikipedia.org/wiki/Crime) in [criminal prosecution](https://en.wikipedia.org/wiki/Criminal_procedure) or against whom some type of civil relief is being sought in a [civil case](https://en.wikipedia.org/wiki/Civil_procedure). Terminology varies from one [jurisdiction](https://en.wikipedia.org/wiki/Jurisdiction) to another. In [Scots law](https://en.wikipedia.org/wiki/Scots_law), the terms \"**accused**\" or \"**panel**\" are used instead in criminal proceedings and \"**defender**\" in civil proceedings. Another term in use is \"**respondent**\". In a criminal trial, a defendant is a person accused ([charged](https://en.wikipedia.org/wiki/Criminal_charge)) of committing an offense (a crime; an act defined as punishable under [criminal law](https://en.wikipedia.org/wiki/Criminal_law)). The other party to a criminal trial is usually a public [prosecutor](https://en.wikipedia.org/wiki/Prosecutor), but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by [police](https://en.wikipedia.org/wiki/Police) and brought before a court under an [arrest warrant](https://en.wikipedia.org/wiki/Arrest_warrant). If more than one person is accused, the people may be referred as \"co-defendant\" or \"co-conspirator\" in British and common law courts. In a civil [lawsuit](https://en.wikipedia.org/wiki/Lawsuit), a defendant (or a respondent) is also the accused [party](https://en.wikipedia.org/wiki/Party_(law)), although not of an offense, but of a [civil wrong](https://en.wikipedia.org/wiki/Civil_wrong) (a [tort](https://en.wikipedia.org/wiki/Tort) or a [breach of contract](https://en.wikipedia.org/wiki/Breach_of_contract), for instance). The person who starts the [civil](https://en.wikipedia.org/wiki/Civil_law_(area)) action through filing a [complaint](https://en.wikipedia.org/wiki/Complaint) is referred to as the [plaintiff](https://en.wikipedia.org/wiki/Plaintiff) (also known as the appellant). Most often and familiarly, defendants are persons: either [natural persons](https://en.wikipedia.org/wiki/Natural_person) (actual human beings) or [juridical persons](https://en.wikipedia.org/wiki/Legal_personality#Juridical_persons) (*persona fiction*) under the [legal fiction](https://en.wikipedia.org/wiki/Legal_fiction) of treating organizations as persons. But a defendant may be an object, in which case the object itself is the direct subject of the action. When a court has jurisdiction over an object, it is said to have [jurisdiction *in rem*](https://en.wikipedia.org/wiki/Jurisdiction_in_rem).  7. **[Appellant and Respondent: ]** An appellant is the party who files an appeal, while a respondent is the party being sued or tried. As a coin has two sides, similarly there are two parties in a case brought up in a court. These parties have been named differently from case to case basis. In civil cases, a plaintiff is the person or group of persons who is accusing another person or group of persons for some wrongdoing and a defendant is a person against whom an action is brought by the plaintiff. Further a **Petitioner **is a person who files a petition in the higher court who has lost in the lower court. A petitioner can be a plaintiff or defendant in lower court as either of the parties can present the case to a higher court for further proceedings. The person against whom a petition is filed by the petitioner in higher court is known as the **Respondent. **Respondent can be either the plaintiff or defendant from the lower court. Whereas an **Appellant** is a person who makes an appeal to a higher court, he is the one who is not satisfied by the decision of the lower court. Appellant can be either the plaintiff or defendant who is not satisfied with decision made by the lower court.The person who is named in the appeal and who responds to appellant's claims of fault in the underlying decision of the lower court is known as Respondent or Appellee. Plaintiff is a word which is derived from a French word "Plaintive" which means to express one's suffering or woe. Plaintiff is the person who sues the defendant for the damages suffered by him. He is the person or entity who files the lawsuit. As the plaintiff files the lawsuit he is responsible for filing a complaint in the court, this complaint contains the factual and legal basis for the plaintiff's claim. After the complaint is filed by the plaintiff it is the responsibility of defendant to file an answer for the said complaint. The word defendant contains the word defend which basically means to forbid so defendant has to defend himself in the court of law for the allegations made against him by the plaintiff.  We can say that defendant is that person or entity who is being sued by the plaintiff and the burden of proof lies on the plaintiff as he is the one to file the complaint. But the Defendant also has a right to file a counter complaint against the plaintiff and then the plaintiff becomes the counter defendant and defendant becomes counter plaintiff and in this case the burden of proof lies on the defendant. 8. **[Adversary: ]** An adversary is someone who is against you or opposes you. It can also refer to the opposing lawyer in a legal case. Adversarial means relating to an adversary. **Examples:** - During the trial, the [defense attorney](https://www.lsd.law/define/defense-attorney) and the prosecutor were adversaries. - The two teams were adversaries on the field, but friends off the field. The term \"adversary\" refers to someone who is opposing or competing against another person or group. In the legal context, an adversary is often the opposing counsel in a court case. The examples illustrate this definition by showing how the defense attorney and prosecutor are adversaries in a trial, and how two sports teams can be adversaries on the field. **Adversary System:** A method of trial where both parties in a dispute present and establish their arguments before a court. **Adversary Process:** **The method courts use to resolve disputes**. Through the adversary process, each side in a dispute has the right to present its case as persuasively as possible, subject to the rules of evidence, and an independent fact finder, either judge or jury, decides in favor of one side or the other. 9. **[Adjudication: ]** In law, adjudication is the legal process of resolving a dispute or deciding a case. It can also refer to the judicial decision itself. Adjudication involves a court hearing, after notice, of legal evidence on the factual issues involved. The judge reviews all the evidence to come to a conclusion about a case, which results in a formal judgment or decision. For example, you might say \"The legality of the transaction is still under adjudication in the courts\". The word adjudication comes from the Old French word ajugier, which means \"to judge, pass judgment on\". In other words, An adjudication is a legal ruling or [judgment](https://www.investopedia.com/terms/j/judgement.asp) but the term can also refer to the process of settling a legal case or claim through the court or justice system, such as a decree in the bankruptcy process between the defendant and the [creditors](https://www.investopedia.com/terms/c/creditor.asp). The ruling is usually final. An adjudication normally represents the final judgment or pronouncement in a case that will determine the course of action taken regarding the issue that\'s been presented. Adjudication can also more generally refer to other formal processes of judgment or rulings that render a final decision, such as the process of validating an [insurance claim](https://www.investopedia.com/terms/i/insurance_claim.asp). An adjudication in progress is typically a matter that\'s still under review and not yet decided. It may be pending some additional action by one party or another. Adjudication describes the legal process that helps expedite and deliver a court\'s resolution regarding an issue between two parties. The result of the process is a judgment and court opinion that\'s legally binding. **Adjudication Disputes** The types of disputes that are handled or resolved through adjudication can include the following: - Disagreements between private parties such as single persons, individual entities, or [corporations](https://www.investopedia.com/terms/c/corporation.asp) - Disagreements between private parties and public officials - Disagreements between public officials and/or public bodies Requirements for full adjudication include requisite notice to all legally interested parties or those with a legal right that\'s affected by the disagreements as well as an opportunity for all parties to have their evidence and arguments heard. 10. **Acquit/ Acquittal:** In law, \"acquit\" means to officially decide in a court of law that someone is not guilty of a crime. For example, a jury or judge may acquit a defendant at the end of a criminal trial if they find the defendant not guilty. When someone is acquitted, they are legally blameless and can go free. Synonyms of \"acquitted\" include \"not guilty\", \"clean-handed\", \"guiltless\", and \"innocent\". In other words, Acquit means to set free, release or discharge as from an [obligation](https://www.law.cornell.edu/wex/obligation), [burden](https://www.law.cornell.edu/wex/burden), or [accusation](https://www.law.cornell.edu/wex/accusation). It is what a [jury](https://www.law.cornell.edu/wex/jury) or a judge sitting without a jury does at the end of a criminal [trial](https://www.law.cornell.edu/wex/trial), if the jury or the judge finds the [accused](https://www.law.cornell.edu/wex/accused) [defendant](https://www.law.cornell.edu/wex/defendant) [not guilty](https://www.law.cornell.edu/wex/not_guilty) of the [crime](https://www.law.cornell.edu/wex/crime). **Acquittal:** **Acquittal**, in [criminal law](https://www.britannica.com/topic/criminal-law), acknowledgment by the court of the innocence of the defendant or defendants. Such a judgment may be made by a [jury](https://www.britannica.com/topic/jury) in a [trial](https://www.britannica.com/topic/trial-law) or by a judge who rules that there is insufficient evidence either for [conviction](https://www.merriam-webster.com/dictionary/conviction) or for further proceedings. An acquittal removes all guilt in [law](https://www.britannica.com/topic/law). An acquittal "in fact" occurs when a jury finds the defendant not guilty. An acquittal "in law" occurs through the mere operation of law. For instance, if the principal in a case is acquitted, an accessory also is deemed acquitted in law. Acquittal has other meanings. In the Middle Ages it was an obligation of an intermediate lord to protect his tenants against interference from his own overlord. The term is also used in [contract law](https://www.britannica.com/money/contract-law) to signify a discharge or release from an obligation. 11. **Culprit/ Victim/ Aggrieved Party:** **Culprit:** A person who is accused or charged with committing a crime. The word \"culprit\" comes from the words \"cul\" meaning guilty and \"prit\" meaning ready. In a legal context, a culprit is innocent until proven guilty. The accused party in a legal investigation. Within context, a culprit is someone who has been arrested and charged with a crime. It is important to note that the term culprit refers to someone who has been accused or indicted, but not convicted (declared as guilty by a court) of a crime. In Indian law, a culprit is an individual who is accused or suspected of committing a criminal offense under the Indian Penal Code (IPC) or any other special laws like the Prevention of Corruption Act, Indian Arms Act, Narcotics Drugs and Psychotropic Substances Act, etc. Therefore, in India, more often the term, 'defendant' or 'accused' used instead of culprit. A defendant is a person who has been charged with a crime. The Indian legal system follows the principle of \"innocent until proven guilty\" and the accused is presumed to be innocent until proven guilty in a court of law. The Indian criminal justice system follows a specific procedure for dealing with criminal cases. When a crime is committed, the police conduct an investigation and collect evidence. If they find enough evidence to support the accusation, they file a charge sheet in the court. The court then conducts a trial and if the evidence presented by the prosecution is found to be sufficient, the accused is convicted and sentenced accordingly. It\'s important to note that in India, the burden of proof is on the prosecution and not the accused. The prosecution must prove the guilt of the accused beyond reasonable doubt to secure a conviction. **Victim:** A person who suffers adverse circumstances, often as a result of a crime. For example, if someone is robbed or killed, they are the victim. \'Victims\' means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, as a result of acts or omissions that constitute crimes within the jurisdiction of the Court. The term \'victim\' also includes, where appropriate, the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization. The definition of a victim under the Indian legal framework is explained. The term victim is defined under Section 2 (wa) of CrPC, 1973. It defined victim as: "*A person who has suffered any loss or injury caused because of the act or omission for which the accused person has been charged, and the expression victim includes his or her guardian or legal heir*." This definition of the Indian legal framework has some deficiencies. One is the term loss, or injury is not clearly defined, and it depends on judicial interpretation to consider something loss or injury. Secondly, it does not protect the rights of every person who will be affected by the process of assistance or while stopping the crime. It is still based on the common law tradition considering the victim as a witness only of any criminal offence. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered. **Aggrieved Party:** *The aggrieved party refers to any party whose personal, property, or financial interests or rights are negatively impacted by another\'s action or by a statute.* The aggrieved party meaning refers to any party whose personal, property, or financial interests or rights are negatively impacted by another\'s action or by a statute, a judgment, or an order. The aggrieved party is entitled to challenge the decision or the action legally in court. When entering into a contract, it is important to understand your rights as the aggrieved party. Whether business owner, or individual, aware rights event breach contract help protect interests ensure compensated losses suffered. An aggrieved party party contract who been harmed suffered loss result other party\`s perform obligations contract. This could include deliver goods services, failure pay goods services, failure meet other contractual obligation. In such cases, the aggrieved party may be entitled to seek compensation for their losses through legal action. As the aggrieved party in a contract, it is important to understand your rights and the options available to you for seeking redress. One key principles contract law parties expected fulfill obligations contract. If a party fails to do so, the aggrieved party may have the right to seek various forms of relief, including: **Remedies:** **Damages:** Monetary compensation for losses suffered as a result of the breach of contract **Specific Performance:** An order from the court requiring the breaching party to fulfill their contractual obligation **Rescission:** Cancellation of contract and restitution of any benefits received 12. **Abstain:** Abstain means to choose not to do something on purpose. For example, if you are in a group and they are voting on something, you might choose to abstain from voting, which means you are not going to vote either way. In some cases, a court might also choose to abstain from making a decision on a certain matter. 13. **Civil Wrong and Crime:** **A Civil Wrong is legally defined as a wrongdoing.** The person affected by such wrongdoing files an action for damages or compensation against the person who committed the wrongdoing. Examples of Civil Wrongs include [torts](https://www.differencebetween.com/difference-between-crime-and-vs-tort/) (wrongful acts committed against another person or property), breach of [contract ](https://www.differencebetween.com/difference-between-contract-and-agreement/)or breach of trust. Think of a Civil Wrong as **an act that violates certain rights of an individual or party**. Cases pertaining to a Civil Wrong are typically heard in a civil [court](https://www.differencebetween.com/difference-between-state-and-vs-federal-courts/). Thus, for example, a person may file an action against another seeking monetary relief for breach of a contract or the failure to perform a legal duty. **Crime denotes an act that has potentially dangerous consequences. Traditionally, a Crime is defined as a wrong arising from the violation of a public duty.** Thus, a Crime typically constitutes a wrongful act that infringes the [rights](https://www.differencebetween.com/difference-between-fundamental-rights-and-vs-fundamental-duties/) of society or the public. The serious nature associated with a Crime stems from the fact that these acts pose serious threats to the peace and [order ](https://www.differencebetween.com/difference-between-public-order-and-vs-law-and-order/)of society. From a legal perspective, a Crime refers to an act that violates the Criminal Law of a country. Murder, arson, rape, robbery, burglary, and drug-smuggling are some of the wrongful acts that fall within the definition of a Crime. A Crime is typically dealt with in a criminal proceeding. The ultimate objective of Criminal Law is to prevent the commission of Crimes and punish those who violate the Law. Thus, in contrast to a Civil Wrong, a person who commits a Crime will be punished by way of imprisonment, the death penalty, or payment of a fine. The question of paying compensation or providing monetary relief to the victim is, therefore,irrelevant in a case involving a Crime. Keep in mind however that some Crimes can also constitute Civil Wrongs. For example, the Crime of [assault or battery](https://www.differencebetween.com/difference-between-assault-and-battery/) will be categorized as a Civil Wrong if the victim seeks compensation for the injuries suffered.  14. **Ownership and Possession:** **Ownership** As per Salmond ***ownership*** can be described as the relation between a person and any said object which forms the subject matter of this said ownership. Ownership also consists of a complex web of many rights all of which are rights in rem, and not merely rights against persons. So ownership is actually the sum total of the rights of possession, the right of disposition and even the right of destruction. There are six essential characteristics of ownership as per the law. They are as follows, - - - - - - **Possession** Salmond defines ***possession*** (in legal terms) as the continuous exercising of a claim, to the exclusive use of an object or a thing constitutes possession of the object. In simpler words, if a person has apparent control of an object and apparent power to exclude others from the use of the object, then we can say he has possession. Now it is a de facto relation between a man and an object. So a man can possess a thing he doesn't own. Say for example the possession of a property that he has leased from someone (who will be the owner). And the opposite is also true. One can own some object and not possess it. Possession in fact refers to physical or actual possession. It basically means a physical relation to a thing and one has actual control of it. For the actual control to exist, there must be a relation of the possessor with another person and simultaneously relation of the person to the thing so possessed. Possession in fact is also known as De facto possession and in roman language, it is read as naturalis possession. One has to keep in mind the fact that there are certain things on which physical control is impossible like sun, stars, moon, etc. Also, it is not necessary that the physical control over a thing will be continuous which means even when an individual loses its actual control, the physical control will not be put to an end. Possession in law implies the possession in the eye of law. Possession in law is recognized and at the same protected by law. Possession in law is also known as De Jure possession and in roman language, it is read as possession civilic. The law mainly protects for two major reasons that are by conferring legal rights on the possessor and by punishing the individuals interfering the possession. Three causes between possession in fact and possession in law are as follows: 1. Possession in fact and Possession in law 2. Possession in fact but not in law 3. Possession in law but not in fact