Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Arra
n. [latin "earnest, deposit"] roman & civil law. Earnest money; evidence of a completed bargain. See denarius del
Arraignment
n. The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea. - arraign, vb. Cc preliminary hearing; initial appearance under appearance.
Arrangement with creditors
bankruptcy. A debtor's agreement with creditors for the settlement, satisfaction, or extension of time for payment of debts. See bankruptcy plan.
Arranger for disposal
environmental law. An entity that owns or possesses hazardous substances, and either disposes of them or has an obligation to control them. 0 an arranger for disposal can be held liable for environmental cleanup costs under cercla.
Array
vb. 1. To impanel a jury for trial. 2. To call out the names of jurors, one by one, as they are impaneled.
Arrest warrant
see warrant (1).
As-is warranty.
see warranty (2)
Backing. Endorsement, esp. Of a warrant by a magistrate.
See back (4).
Barra
[law french "bar"] hist. 1. See plea in bar under plea. 2. A barrister. - also spelled barre.
Barrator
n. A fomenter of quarrels and lawsuits; one who excites dissension and litigation among people. - also spelled barretor. Cf. Champertor. "barrator or barater (fr. Barateur, a deceiver) is a common mover or maintainer of suits, quarrels, or parts, either in courts or elswhere in the country, and is himself never quiet, but at variance with one or other." thomas blount, nomo-lexicon: a law-dictionary (1670).
Barratry
n. 1. Vexatious incitement to litigation, esp. By soliciting potential legal clients. ( barratry is a crime in most jurisdictions. 2. Maritime lace. Fraudulent or grossly negligent conduct (by a master or crew) that is prejudicial to a shipowner. 3. The buying or selling of ecclesiastical or governmental positions. - barratrous (bar-a-tras), adj.
Bench warrant.
see warrant (1).
Breve ita dicitur, quia rein de qua agitur, et intentionem petentis, paucis verbis breviter enarrat
A writ is called a "breve" because it briefly states, in few words, the matter in dispute, and the object of the party seeking relief.
Certa debet esse intentio et narratio et certum fundamentum et certa res quae deducitur in judicium
The design and narration ought to be certain, the foundation certain, and the matter certain that is brought into court to be tried.
Darraign
vb. [fr. Latin derationare; fr. French disrener] Hist. 1. To displace; to disarrange. 2. To respond to an accusation; to settle a dispute. - Also spelled deraign; dereyne.
Disembarrass
rb. To free from einharrassment; to extricate or disentangle one thing from another.
Home Owners Warranty.
A warranty and insurance program that, among other coverage, insures a new home for ten years against major structural defects. ( The program was developed by the Home Owners Warranty Corporation, a subsidiary of the National Association of Home Builders. Builders often provide this type of coverage, and many states provide similar warranty protection by statute. - Abbr. HOW. - Also spelled Home Owners' Warranty.
Magnuson-Moss Warranty Act
A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301-2312.
McCarran Act
A federal law requiring, among other things, members of the Communist party to register with the Attorney General and requiring Communist organizations to provide the government with a list of its members. ( The Act was passed during the Cold War but was later repealed in response to a U.S. Supreme Court decision declaring portions of the Act unconstitutional. - Also termed McCarran Internal Security Act; Subversive Activities Control Act of 1950.
McCarran Internal Security Act
See MCCAR. RAN ACT.
McCarran-Ferguson Act
A federal law allowing a state to regulate insurance companies doing business in that state, and also to levy a tax on them. 15 USCA §§ 1011-1015.
Parratt-Hudson doctrine
The principle that a state actor's random, unauthorized deprivation of someone's property does not amount to a due-process violation if the state provides an adequate postdeprivation remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908 (1984); Hudson u. Palmer, 468 U.S. 517, 104 S.Ct. 3194 (1984).
Warrant
, n. 1. A writ directing or authorizing someone to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure.
Warrant Clause
The clause of the Fourth Amendment to the U.S. Constitution requiring that warrants be issued on probable cause.
Warrantless arrest
an arrest, without a warrant, based on probable cause of a felony, or for a misdemeanor committed in a police officer's presence. See warrant. 3. Maritime law. The taking of a ship into custody by virtue of a court's warrant
Y2K warranty
See Y2K WARRANTY. 3. Insurance. A pledge or stipulation by the insured that the facts relating to the person insured, the thing insured, or the risk insured are as stated.
Year 2000 warranty
See Y2K WARRANTY.
ad barram
adu. [Law Latin] To the bar; at the bar.
ad barram eaocatus
[Law Latin] Called to the bar. See CALL TO THE BAR.
administrative warrant
A warrant issued by a judge at the request of an administrative agency. ( This type of warrant is sought to conduct an administrative search. See administrative search under SEARCH.
affirmative warranty
A warranty - express or implied - that facts are as stated at the beginning of the policy period. ( An affirmative warranty is usu. a condition precedent to the policy taking effect.
anticipatory search warrant
See SEARCH WARRANT.
arrest warrant
A warrant, issued only on probable cause, directing a law-enforcement officer to arrest and bring a person to court. - Also termed warrant o f arrest.
as-is warranty
A warranty that goods are sold with all existing faults. See As Is.
bench warrant
A warrant issued directly by a judge to a law-enforcement officer, esp. for the arrest of a person who has been held in contempt, has been indicted, has disobeyed a subpoena, or has failed to appear for a hearing or trial.
blanket search warrant
See SEARCH WARRANT.
blanket search warrant.
See SEARCH WARRANT.
breach of warranty
1.A breach of an express or implied warranty relating to the title, quality, content, or condition of goods sold. UCC § 2-312. 2. Insurance. WARRANTY (3).
cash or deferred arrangement.
A retirement plan provision permitting an employee to have a certain amount of compensation paid in cash or contributed, on behalf of the employee, to a profit-sharing or stock-bonus plan. ( A 401(k) plan is a type of cash or deferred arrangement - Abbr. CODA
challenge to the array
A legal challenge to the manner in which the entire jury panel was selected, usu. for a failure to follow prescribed procedures designed to produce impartial juries. ( Such a challenge is either a principal challenge (if some defect renders the jury prima facie incompetent, as where the officer selecting venire members is related to the prosecutor or defendant) or a challenge for favor (as where the defect does not amount to grounds for a principal challenge, but there is a probability of partiality). -Also termed challenge to the jury array.
challenge to the jury array
See challenge to the array under CHALLENGE (2).
clerk of arraigns
Halt. A deputy of the clerk of assize responsible for arraigning defendants and putting the formal questions to the jurors as they deliver their verdict. ( The office was abolished in England in 1946.
collateral warranty
A warranty that is made by a stranger to the title, and that consequently runs only to the covenantee and not to the land.
commitment warrant
See warrant of commitment.
construction warranty
A warranty from the seller or building contractor of a new home that the home is free of structural, electrical, plumbing, and other defects and is fit for its intended purpose.
continuing warranty
See promissory warranty under WARRANTY (3). continuing wrong. See WRONG.
county warrant
A warrant drawn by a county official, directing the county treasurer to pay a sum of money out of county funds to bearer, to a named individual, or to the named individual's order. 4. SUBSCRIPTION WARRANT.
covenant of warranty
A covenant by which the grantor agrees to defend the grantee against any lawful or reasonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. ( This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. See wARRANTY (1).
de warrantia chartae
n. [Law Latin "of a warranty of charter"] Hist. A writ allowing a tenant enfeoffed with a warranty, who was impleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the feoffor to assist the tenant with a plea or defense, or else to pay damages and the value of the land, if it is recovered against the tenant."This we still make use of in the form of common recoveries, which are grounded on a writ of entry; a species of action that we may remember relies chiefly on the weakness of the tenant's title, who therefore vouches another person to warrant it . . . . I
de warrantia diei
n. [Law Latin "of warranty of day"] Hist. A writ ordering a judge not to default a party for nonappearance because the Crown warranted that the party was busy in its service.