Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Arrest
n. 1. A seizure or forcible restraint. 2. The taking or keeping of a person in custody by legal authority, esp. In response to a criminal charge. - arrest, vb.
Arrest in execution
see arrest on final process under arrest.
Arrest in execution.
See arrest on final process.
Arrest in quarters
see arrest on final process under arrest.
Arrest of inquest
a plea that a matter proposed for inquiry has already been investigated and should therefore not be reexamined.
Arrest of judgment
the staying of a judgment after its entry; esp., a court's refusal to render or enforce a judgment because of a defect apparent from the record. ( at common law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleadings or when the case alleged in the pleadings is legally insufficient. Today, this type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded. "an arrest of judgment [under common law] was the technical term describing the act of a trial judge refusing to enter judgment on the verdict because of an error appearing on the face of the record that rendered the judgment invalid." united states u. Sisson, 399 u.s. 267, 280-81, 90 s.ct. 2117, 2125 (1970).
Arrest on final process
hist. Arrest in a civil case after the conclusion of a trial. -also termed arrest in execution.
Arrest on mesne process
see arrest
Arrest on mesne process (meen).
hist. Arrest in a civil case before trial takes place .citizen's arrest. An arrest of a private person by another private person on grounds that (1) a public offense was committed in the arrester's presence, or (2) the arrester has reasonable cause to believe that the arrestee has committed a felony.
Arrest record
1. A form completed by a police officer when a person is arrested. 2. A cumulative list of the instances when a person has been arrested. - also termed police blotter; bench blotter; blotter
Arrest warrant
see warrant (1).
Arrestable offense
see offense (1).
Arrestandis bonis ne dissipentur
see de arrestandis bonis ne dissipentur.
Arrestando ipsum qui pecuniam receipt
see de arrestando ipsum qui pecuniam recepit.
Arrestatio
n. [law latin] hist. An arrest.
Arresto facto super bonis mercatorum alienigenorum
[latin "seizure of the goods of foreign merchants"] hist. A writ to seize the goods of an alien, taken in recompense of goods taken from an english subject living abroad.
Civil arrest
hist. An arrest and detention of a civil-suit defendant until bail is posted or a judgment is paid. ( civil arrest is prohibited in most states.
False arrest.
An arrest made without proper legal authority. Cf. False imprisonment. House arrest. See house arrest.
Lawful arrest
the taking of a person into legal custody either under a valid warrant or on probable cause that the person has committed a crime.
Malicious arrest
an arrest made without probable cause and for an improper purpose; esp., an abuse of process by which a person procures the arrest (and often the imprisonment) of the plaintiff by means of judicial process, without any reasonable cause. 0 malicious arrest can be grounds for an action for abuse of process, false imprisonment, or malicious prosecution.
Parol arrest
an arrest ordered by a judge or magistrate from the bench, without written complaint, and executed immediately, such as an arrest of a person who breaches the peace in open court. See contempt.
Pretextual arrest
an arrest of a person for a minor offense for the opportunity to investigate the person's involvement in a more serious offense for which there are no lawful grounds to make an arrest. - also termed pretext arrest.
Rearrest.
a warrantless arrest of a person who has escaped from custody, violated parole or probation, or failed to appear in court as ordered.
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
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.
arrestable offense
. English law. An offense for which the punishment is fixed by law or for which a statute authorizes imprisonment for five years, or an attempt to commit such an offense. ( This statutory category, created in 1967, abolished the traditional distinction between felonies and misdemeanors. - Also spelled (esp. in BrE) arrestable offence.
arresting the suspect. ( Such testimony may be given when an arrest has been made without probable cause, as when illegal substances have been found through an improper search. expert testimony
See expert evidence under EVIDENCE.
breach of arrest
A military offense committed by an officer who, being under arrest in quarters, leaves those quarters without a superior officer's authorization. See arrest in quarters under ARREST.
civil arrest
See ARREST.
de arrestandis bonis ne dissipentur
n. [Law Latin "of goods arrested lest they be dispersed"] Hist. A writ to seize goods from a party to ensure that the goods do not disappear while a lawsuit is pending.
de arrestando ipsum qui pecuniam receipt
n. [Law Latin "for the apprehension of one who took the king's money"] Hist. A writ ordering the arrest of a person who took the king's money for war service, and then hid to keep from serving.
false arrest
See ARREST.
house arrest.
The confinement of a person who is accused or convicted of a crime to his or her home usu. by attaching an electronically monitored bracelet to the criminal offender. ( Most house-arrest programs require the offender to work and permit leaving the home only for reasons such as work, medical needs, or community-service obligations.
lawful arrest
See ARREST,
malicious arrest
See ARREST
motion in arrest of judgment
1. A defendant's motion claiming that a substantial error appearing on the face of the record vitiates the whole proceeding and the judgment. 2. A postjudgment motion in a criminal case claiming that the indictment is insufficient to sustain a judgment or the verdict is somehow insufficient.
parol arrest
See ARREST.
pretextual arrest
See ARREST.
privilege from arrest
See PRIVILEGE (1).
rearrest.
See ARREST,
resisting arrest.
The crime of obstructing or opposing a police officer who is making an arrest. - Also termed resisting lawful arrest.
resisting unlawful arrest
The act of opposing a police officer who is making an unlawful arrest. ( Most jurisdictions have accepted the Model Penal Code position prohibiting the use of force to resist an unlawful arrest when the person arrested knows that a police officer is making the arrest. But some jurisdictions allow an arrestee to use nondeadly force to prevent the arrest.
restriction in lieu of arrest
A restriction in which a person is ordered to stay within specific geographical limits, such as a base or a ship, and is permitted to perform full military duties.
search incident to arrest
See protective search under SEARCH (1).
warrant of arrest
. See arrest warrant.
warrantless arrest
See ARREST