Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Actum
n. [Latin] A thing done; an act or deed.
Bis idem exigi bona fides non patitur, et in satisfactionibus non permittitur amplius fieri quam semel factum est
Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.
Clam factum id videtur esse, quod quisque, quum controversiam haberet, habiturumve se putaret, fecit
That is considered done secretly which someone did when he had a legal dispute or thought he would have one.
Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventu
The cognomen is derived from the blood of ancestors and is intrinsic; an agnomen (or honorary title) arises from an event, and is extrinsic.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit
Confirmation supplies all defects, even if that which has been done was not valid at the beginning.
Contractus est quasi actus contra actum
A contract is, as it were, act against act.
Dolo malo pactum se non servaturum
An agreement induced by fraud will not preserve itself (will not stand).
Factum a judice quod ad ejus officium non spectat, non ratum est
A judge's act that does not pertain to his office is of no force.
Factum cuique suum, non adversario, nocere debet
Anyone's act should injure himself, not his adversary.
Factum infectum ieri nequit
What is done cannot be undone.
Factum negantis nulla probation
No proof is incumbent on a person who denies a fact.
Factum non dicitur quod non perseverat.
That is not said to be done which does not last.
Factum unius alteri nocere non debet
The deed of one should not hurt the other.
Fieri non debet, sed factum valet
It ought not to be done, but if done it is valid.
Forisfactum
adj. [Law Latin] Hist. (Of property) forfeited.
Frustra est potentia quae nunquam venit in actum
Power that never comes to be exercised is useless.
In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est
In the contract of sale, an ambiguous agreement is to be interpreted against the seller.
In satisfactionibus non permittitur amplius fieri quam semel factum est
In payments, it is not permitted that more be received than has been received once for all (i.e., after payment in full).
In stipulationibus cum quaeritur quid actum sit, verba contra stipulatorem interpretanda sunt.
In agreements, when there is a question whether action has been taken, the terms are to be interpreted against the party offering them. Dig. 45.1.38.18.
In traditionibus scriptorum (chartarum) non quod dictum est, sed quod gestum (factum) est, inspicitur
In the delivery of writings (deeds), not what is said but what is done is to be considered.
Incaute factum pro non facto habetur
An alteration done carelessly (inadvertently) will be taken as not done. Dig. 28.4.1.
Incerta quantitas vitiat actum
An uncertain quantity vitiates the act.
Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum
An injury is done to the person of whom an insult was said, or concerning whom an infamous song was made.
Intestatus decedit qui aut omnino testamentum non fecit aut non jure fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeres exstitit
A person dies intestate who either has made no will at all or has not made it legally, or when the will that he had made has been annulled or become ineffectual, or when there is no living heir.
Jusjurandum inter alios factum nec nocere nec prodesse debet
An oath made between third parties ought neither to hurt nor to profit.
Locus contractus regit actum
The place of the contract governs the act.
Nemo contra factum suum (proprium) venire potent
No one can contradict his own deed. 2 Co. Inst. 66.
Non deberet alii nocere quod inter alios actum esset
A person ought not to be injured by what has taken place between other parties.
Non debet alii nocere quod inter alios actum est
A person ought not to be prejudiced by what has been done between others.
Non quod dictum est, sed quod factum est, inspicitur
Not what has been said but what has been done is regarded.
Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action.
Nudum pactum ex quo non oritur action
Naked agreement (nudum pactum) is that from which no action arises.
Omne actum ab intentione agentis est judieandum
Every act is to be judged by the intention of the doer.
Per rerum naturam factum negantis nulla probatio est
By the nature of things, a person who denies a fact is not bound to give proof.
Quando diversi desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalem
When different acts are required to the formation of any estate, the law chiefly regards the original act.
Quicquid in excessu actum est, lege prohibetur
Whatever is done in excess is prohibited by law.
Quod a quoque poenae nomine exactum est id eidem restituere nemo cogitur
What has been exacted from someone as a penalty no one is obliged to restore to him.
Quod fieri non debet, factum valet
What ought not to be done, when done, is valid.
Regulariter non valet pactum de re mea non alienanda
As a rule, a contract not to alienate my property is not binding.
Semper in stipulationibus et in caeteris contractibus id sequimur quod actum est
In stipulations and other contracts, we always follow what was done (or agreed to). Dig. 50.17.34.
Si non appareat quid actum est, erit consequens ut id sequamur quod in regione in qua actum est frequentatur
If it is not clear what was done (or agreed upon), the consequence will be that we follow what is commonly done in the place where the agreement was made. Dig. 50.17.34.
Ubi factum nullum, ibi fortia nulla
Where there is no fact, there are no strong points.
Ubi verbs conjuncta non sunt, suffcit alterutrum esse factum
Where words are not conjoined, it is enough that one or another (of the things enumerated) has been done.
Vana est illa potentia quae nunquam venit in actum
Vain is that power that never comes into action.
actio in factum
Roman law. An action granted by the praetor when no standard action was available. The closest Anglo-American equivalent is action on the case or trespass on the case. See trespass on the case under TRESPASS.
actum de quota litis
. [Latin "agreement about a portion the amount in issue"] An agreement in ,rich a creditor promises to pay a portion of t difficult-to-collect debt to a person attempting to collect it; an agreement to share the proceeds of a litigation.
ambiguity on the factum
an ambiguity relating to the foundation of an instrument, such as a question relating to whether a testator intended for a particular clause to be part of an agreement, whether a codicil was intended to republish a former will, or whether the residuary clause was accidentally omitted.
animus et factum
[latin "mind and deed"] the intention and the deed. ( this phrase can refer to a person's intent to reside in a given country permanently or for an indefinite period.
apertum factum
[latin "open deed"] an overt act.
bonum factum
[Latin] A good or proper act or deed. - Abbr. b. f.