Dictionary Search: "Absolute" - Pakistan Law Portal

Absolute

adj. 1. Free from restriction, qualification, or condition <absolute ownership>. 2. Conclusive and not liable to revision <absolute delivery>. 3. Unrestrained in the exercise of governmental power <absolute monarchy>.

Absolute assignee

a person who is assigned an unqualified interest in property in a transfer of some or all of the incidents of ownership.

Absolute assignment

an assignment that leaves the assignor no interest in the assigned property or right.

Bail absolute

a type of fiduciary bond conditioning a surety's liability on the failure of an estate administrator, executor, or guardian to properly account for estate funds. See fiduciary bond under bond (2).

absolute assignment

See ASSIGNMENT (2).

absolute auction

See auction without reserue cinder AUCTION.

absolute contraband

Goods used primarily for war, such as arms and ammunition, as well as clothing and equipment of a military character.

absolute conveyance

A conveyance in which a right or property is transferred to another free of conditions or qualifications (i.e., not as a security). Cf. conditional conveyance.

absolute covenant

A covenant that is not qualified or limited by any condition. Cf conditional covenant.

absolute deed

A deed that conveys title without condition or encumbrance. - Also termed deed absolute.

absolute defense

See real defense under DEi -:NSE (4).

absolute delivery

A delivery that is complete upon the actual transfer of the instrument from the grantor's possession. ( Such a delivery usu. does not depend on recordation.

absolute disparity

Constitutional law. The difE,rence between the percentage of a group in ~i;e general population and the percentage of ;.tat group in the pool of prospective jurors on a venire. * For example, if African-Americans make up 12% of a county's population and 8% of the potential jurors on a venire, the absolute disparity of African-American veniremembers is 4%. The reason for calculating the disparity is to analyze a claim that the jury was not impartial because the venire from which it was chosen did not represent a fair cross-section of the jurisdiction's population. Some courts criticize the absolute-disparity analysis, favoring instead the comparative-disparity analysis, in the belief that the absolute-disparity analysis understates the deviation. See FAIR-CROSS-SECTION REQUIREMENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf. COMPARATIVE DISPARITY.

absolute duty

A duty to which no corresponding right attaches. ( According to John Austin's legal philosophy, there are four kinds of absolute duties: (1) duties not regarding persons (such as those owed to God and to lower animals), (2) duties owed to persons indefinitely (i.e., to the community as a whole), (3) self-regarding duties (such as the duty not to commit suicide), and (4) duties owed to the sovereign. 1 John Austin, The Providence of Jurisprudence Determined 400 (Sarah Austin ed., 2d ed. 1861).

absolute estate

A full and complete estate that cannot be defeated.

absolute guaranty.

An unqualified promise that the principal will pay or perform.

absolute immunity

See IMMUNITY (I). absolute interest. See INTEREST (2).

absolute immunity.

A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity.

absolute interest

An interest that is not subject to any condition.

absolute law

A supposed law of nature thought to be unchanging in principle, although circumstances may vary the way in which it is applied. See NATURAL LAW

absolute legacy

A legacy given without condition and intended to vest immediately.

absolute liability

See, strict liability under LIA-BILITY.

absolute majority

A majority of all those who are entitled to vote in a particular election, whether or not they actually cast ballots. See QUORUM.

absolute martial law

See martial law

absolute nuisance

1. Interference with a property right that a court considers fixed or invariable, such as a riparian owner's right to use a stream in its natural condition. 2. See nuisance per se. 3. Interference in a place where it does not reasonably belong, even if the interfering party is careful. 4. Interference for which a defendant is held strictly liable for resulting harm, esp. in the nature of pollution. Cf. qualified nuisance. Sense (4) has been disapproved: "[T]he use of the term nuisance' to describe the tort liability that sometimes results from accidental invasions produces too much confusion." Prosser and Keeton on the Law of Torts § 89, at 637 (W. Page Keeton ed., 5th ed. 1984).

absolute nullity

See NULLITY

absolute obligation

See OBLIGATION

absolute obligation.

An obligation requiring strict fulfillment according to the terms of the engagement, without any alternatives to the obligor.

absolute pardon

A pardon that releases the wrongdoer from punishment and restores the offender's civil rights without qualification. - Also termed full pardon; unconditional pardon.

absolute pollution exclusion

See pollution exclusion under EXCLUSION (3).

absolute presumption

See conclusive presumption.

absolute privilege

A privilege that immunizes an actor from suit, no matter how wrongful the action might be, and even though it is done with an improper motive. Cf. qualified privilege.

absolute property

Property that one has full and complete title to and control over.

absolute right

See RIGHT

absolute right.

A right that belongs to every human being, such as the right of personal liberty; a natural right. Cf. relative right.

absolute sale

See SALE

absolute title

An exclusive title to land; a title that excludes all others not compatible with it. See fee simple absolute under FEE SIMPLE.

absolute veto

An unrestricted veto that is not subject to being overridden.

absolute-bar rule

The principle that, when a creditor sells collateral without giving reasonaWe notice to the debtor, the creditor may not obtain a deficiency judgment for any amount of the debt that is not satisfied by the sale. absolute contraband. See CONTRABAND. absolute conveyance. See CONVEYANCE. absolute covenant. See COVENANT (1).

absolute-priority rule

Bankruptcy. The rule that a confirmable reorganization plan must provide for full payment to a class of dissenting unsecured creditors before a junior class of claimants will be allowed to receive or retain anything under the plan. 0 Some jurisdictions recognize an exception to this rule when a junior class member, usu. a partner or shareholder of the debtor, contributes new capital in exchange for an interest in the debtor. 11 USCA § 1129(b)(2)(B)(ii)

decree absolute

ripened decree nisi; a court's decree that has become unconditional because the time specified in the decree nisi has passed. - Also termed order absolute; rule absolute.

deed absolute

See absolute deed.

fee simple absolute

An estate of indefinite or potentially infinite duration (e.g., "to Al-

rule absolute

See decree absolute under DECREE.

time order. An order that becomes a market or limited-price order at a specified time. order absolute