Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Access
An opportunity or ability to enter, approach, pass to and from, or communicate with <access to the courts>. 2. Copyright. An opportunity to view or copy a copyrighted work <the duplication of the error proved that the defendant had access>. - access, vb ."Since direct evidence of copying is rarely available, a plaintiff can rely upon circumstantial evidence to prove this essential element; the most important component of such circumstantial evidence to support a copyright infringement claim is proof of access. Evidence of access and substantial similarity create an inference of copying and establish a prima facie case of copying." 18 Am. Jur. 2d Copyright and Literary Property § 206 (1985).multiple access. Family law. In a paternity suit, the defense that the mother had lovers other than the defendant around the time of conception.
Accession
The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. The process by which a nation becomes a party to a treaty that has already been agreed on by other nations < Italy became a party to the nuclear-arms treaty by accession>. - Also termed adherence; adhesion. 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. - Also termed (in Roman law) accessio. See ADJUNCTION (2). "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hirepurchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977) 5. A property owner's right to all that is added to the land, naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the homeowner's property by accession. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle .... If the seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle's secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail." Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code § 4-22, at 93 (2d ad. 1979).ACCESSORYSHIP.
Accessorial
1. (Of a promise) made for the purpose of strengthening another's credit <an accessorial pledge by way of guaranty>. - Also termed accessory. 2. Criminal law. Of or relating to the accessory in a crime <accessorial guilt>.
Accessorium non ducit, sed sequitur, suum principale
An accessory does not lead, but follows, its principal.
Accessorius sequitur naturam sui principalis
An accessory follows the nature of his principal.
Accessory
Something of secondary or subordinate importance. 2. A person who aids or contributes in the commission of a crime. & An accessory is usu. liable only if the crime is a felony. - accessory, adj. - accessoryship, n. Cf. PRINCIPAL (2)"In most jurisdictions, the common-law distinctions between principals and accessories have largely been abolished, although the pertinent statutes vary in form and substance. Conceptually, the common-law pattern remains the same: The person who aids, abets, commands, counsels, or otherwise encourages another to commit a crime is still regarded as a party to the underlying crime as at common law, even though the labels principal in the first degree, principal in the second degree, and accessory before the fact are no longer used, and even though it usually does not matter whether the aider and abettor is or is not present at the scene of the crime." 1 Charles E. Torcia, Wharton's Criminal Law § 35, at 202-03 (15th ed. 1993).
Accessoryship
The status or fact of beinan accessory. - Also termed (loosely) accession.
Breve judiciale debet sequi suum originale, et accessorium suum principale
A judicial writ ought to follow its original, and an accessory its principal.
Cujus juris (i.e., jurisdictionis) est principale, ejusdem juris erit accessorium
An accessory matter is subject to the same jurisdiction as its principal.
Equal Access to Justice Act
A federal statute enacted in 1980 to allow the prevailing party in certain actions against the government to recover attorney's or expert-witness fees. Pub. L. No. 96-481, title 11, 94 Stat. 2325 (codified as amended in scattered sections of 5, 15, and 28 USCA). - Abbr. EAJA.
In alta proditione nullus potest esse accessorius sed principalis solummodo.
In high treason no one can be an accessory but only a principal.
In veram quantitatem idejussor teneatur, nisi pro certa quantitate accessit
Let the surety be held for the true amount unless he agreed for a certain amount.
Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinctus
It is not consonant to justice that any accessory should be convicted in the king's court before anyone has been attainted of the fact (i.e., under sentence of attainder for committing the act). ( The accessory should not be convicted before the principal is proved guilty. 2 Co. Inst. 183.
Non est consonum rationi quod cognitio accessorii in curia christianitatis impediatur, ubi cognitio causae principalis ad forum ecclesiasticum noscitur pertinere
It is unreasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court, when the cognizance of the principal cause is admitted to appertain to an ecclesiastical court.
Nonaccess
Family law. Absence of opportunity for sexual intercourse. ( Nonaccess is often used as a defense by the alleged father in paternity cases.
Nullus dicitur accessorius post feloniam sed ille qui novit principalem feloniam fecisse, et illum receptavit et comfortavit
No one is called an accessory after the fact but that person who knew the principal to have committed a felony, and received and comforted him.
Omne principale trahit ad se accessorium
Every principal thing draws to itself the accessory.
Quod non valet in principali, in accessorio seu consequenti non valebit; et quod non valet in magic propinquo, non valebit in magis remoto
What is not valid in the principal will not be valid in the accessory or consequence; and what has no effect in the nearer instance will be of no effect in the more remote.
Res accessories sequitur rem principalem
An accessory follows its principal.
Ubi non est principalis, non potest esse accessories
Where there is no principal, there can be no accessory.
access easement
An easement allowing one or more persons to travel across another's land to get to a nearby location, such as a road. 0 The access easement is a common type of easement by necessity. - Also termed easement of access.
accessorial obligation.
See COLLATERAL OBLIGATION.
accessory after the fact
An accessory who knows that a crime has been committed and who helps the offender try to escape arrest or punishment. 0 The liability of such an accessory is still treated separately under most penal statutes. There are four requirements: (1) someone else must have committed a felony, and it must have been completed before the accessory's act; (2) the accessory must not be guilty as a principal; (3) the accessory must personally help the principal try to avoid the consequences of the felony; and (4) the accessory's assistance must be rendered with guilty knowledge. - Sometimes shortened to accessory after ."At common law, an accessory after the fact is one who, knowing that a felony has been committed by another, receives, relieves, comforts, or assists the felon, or in any manner aids him to escape arrest or punishment. To be guilty as an accessory after the fact one must have known that a completed felony was committed, and that the person aided was the guilty party. The mere presence of the defendant at the scene of the crime will not preclude a conviction as an accessory after the fact, where the evidence shows the defendant became involved in the crime after its commission." 21 Am. Jur. 2d Criminal Law § 209, at 275-76 (1998).
accessory at the fact
See principal in the second degree under PRINCIPAL (2)."A principal in the second degree is one by whom the actual perpetrator of the felony is aided and abetted at the very time when it is committed; for instance, a carowner sitting beside the chauffeur who kills someone by over-fast driving, or a passenger on a clandestine joyriding expedition which results in manslaughter; or a bigamist's second 'wife', if she knows he is committing bigamy. (In early law he was not ranked as a principal at all, but only as a third kind of accessory - the accessory at the fact.)" J.W. Cecil Turner, Kenny's Outlines of Criminal Law 86 (16th ed. 1952).
accessory before the fact
An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed. 0 Most jurisdictions have abolished this category of accessory and instead treat such an offender as an accomplice. - Sometimes shortened to accessory before. See ACCOMPLICE. "An accessory before the fact is a person who procures or advises one or more of the principals to commit the telony. This definition reqmr- from him an uisti~.~tu,i. so active that a person who is merely shown to have acted as the stake-holder for a prize-fight, which ended fatally, would not be punishable as an accessory. The fact that a crime has been committed in a manner different trmn the mode which the accessory had advised will not excuse hini from liability for it. Accordingly if A hires B to poison C, but B instead kills C by shooting him, A is none the less liable as accessory before the fact to C's murder. But a man who has counselled a crime does not become liable as accessory if, instead of any form of the crime suggested, an entirely different offence is committed." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 88 (16th ed. 1952).
accessory contrac
A contract entered into primarily for the purpose of carrying out a principal contract. ( The principal types are suretyship, indemnity, pledge, warranty, and ratification. Cf. principal contract.
accessory contract.
See CONTRACT. accessory obligation. See OBLIGATION. accessory right. See RIGHT.
accessory obligation.
An obligation that is incidental to another obligation. ( For example, a mortgage to secure payment of a bond is an accessory obligation. The primary obligation is to pay the bond itself. Cf. primary obligation (1).
accessory right.
A supplementary right that has been added to the main right that is vested in the same owner. ( For example, the right in a security is accessory to the right that is secured; a servitude is accessory to the ownership of the land for whose benefit the servitude exists. Cf. principal right.
accessory use
Zoning. A use that is dependent on or pertains to a main use.
adjunctum accessorium
n. [Law Latin] An accessory or appurtenance.
droit d'accession
n. [French "right of accession"] French law. A property right acquired by making, from existing material, something new that cannot be reduced to the original material's shape. a This is the equivalent to the Roman specificatio. See ACCESSION (4).DROIT D'ACCESSION . . . . The civil law rule is that if the thing can be reduced to the former matter it belongs to the owner of the matter, e.g. a statue made of gold; but if it cannot so be reduced it belongs to the person who made it, e.g. a statue mad
easement of access
See access easement.
equal-access rule
Criminal law. The doctrine that contraband found on a defendant's premises will not support a conviction if other persons have the same access to the premises as the defendant. ( To invoke this defense successfully, the defendant must show that other persons did in fact have equal access to the premises; speculative evidence that trespassers might have come onto the premises will not bar a conviction.
multiple access
See ACCESS,
public access to court electronic records
A computer system by which subscribers can obtain online information from the federal courts, including information from a court's docket sheet about the parties, filing, and orders in a specific case. - Abbr. PACER.
res accessoria
[Latin] Civil law. An accessory thing; a thing that is related to a principal thing.