Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Actual authority
authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has as a result of the agent's dealings with the principal. ( actual authority can be either express or implied. - also termed real authority "actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess." cal. Civ. Code ยง 2316.
Adverse authority
authority that is unfavorable to an advocate's position. ( most ethical codes require counsel to disclose adverse authority in the controlling jurisdiction even if the opposing counsel has not cited it.
Apparent authority
Authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal. ( apparent authority can be created by law even when no actual authority has been conferred. - also termed ostensible authority; authority by estoppel
Authority
1. The right or permission to act legally on another's behalf; the power delegated by a principal to an agent < authority to sign the contract>. See agency.
Authority by estoppel
see apparent authority under authority (1).
Authority coupled with an interest
authority given to an agent for valuable consideration. ( this authority cannot be unilaterally terminated by the principal.
Constituted authority
the legislative, executive, and judicial departments officially and rightfully governing a nation, people, municipality, or other governmental unit; an authority properly appointed or elected under organic law, such as a constitution or charter.
Constructive authority
authority that is inferred because of an earlier grant of authority.
Examining authority
a self-regulatory organization registered with the securities and exchange commission and vested with the authority to examine, inspect, and otherwise oversee the activities of a registered broker or dealer. 4. A legal writing taken as definitive or decisive; esp., a judicial or administrative decision cited as a precedent <that case is good authority in massachusetts>. ( the term includes not only the decisions of tribunals but also statutes, ordinances, and administrative rulings.
Express authority
authority given to the agent by explicit agreement, either orally or in writing. - also termed stipulated authority.
General authority
A general agent's authority, intended to apply to all matters arising in the course of business.
Imperative authority
authority that is absolutely binding on a court. - also termed binding authority. Cf. Binding precedent under precedent.
Implied authority
Authority given to the agent as a result of the principal's conduct, such as the principal's earlier acquiescence to the agent's actions. - also termed presumptive authority.
Incidental authority
authority needed to carry out actual or apparent authority. ( for example, the actual authority to borrow money includes the incidental authority to sign commercial paper to bring about the loan. -also termed inferred authority.
Inherent authority
authority of an agent arising from the agency relationship.
Naked authority
authority delegated solely for the principal's benefit, without giving any consideration to the agent. ( this authority can be revoked by the principal at any time.
Options Price Reporting Authority
A national market-system plan approved by the SEC for collecting and disseminating last-sale and quotation information on options traded on a five-member exchange consisting of the American Stock Exchange, the Chicago Board of Options Exchange, the New York Stock Exchange, the Pacific Stock Exchange, and the Philadelphia Stock Exchange. - Abbr. OPRA.
Ostensible authority
see apparent authority.
Persuasive authority
authority that carries some weight but is not binding on a court. "it may be well to call attention to the fact that the word 'authority' is used by lawyers in at least two senses, one abstract and the other concrete. The word [in its concrete sense] refer[s] to the book or other repository to which one resorts to find propositions of law, and sometimes the word is used in an even narrower sense to mean reported cases. In its abstract sense, however, 'authority' is substantially equivalent to 'influence' or 'power,' and in this sense 'authority' may be divided into two grades, in that the force of a statement of law is either imperative (that is to say, absolutely binding upon the courts) or simply persuasive. The use of the terms 'primary' and 'secondary' authority, as applied in the concrete sense, must not be confused with the use of the terms 'impera
Presumptive authority
see implied authority.
Primary authority
authority that issues directly from a law-making body; legislation and the reports of litigated cases.
Real authority
see actual authority.
Secondary authority
authority that explains the law but does not itself establish it, such as a treatise, annotation, or law-review article 5. A source, such as a statute, case, or treatise, cited in support of a legal argument <the brief's table of authorities>.
Special authority
authority limited to an individual transaction.
Stipulated authority
see express authority.2. Governmental power or jurisdiction <within the court's authority>. 3. A governmental agency or corporation that administers a public enterprise <transit authority>. - also termed public authority.
Tennessee Valley Authority
A governmentowned corporation, created in 1933, that conducts a unified program of resource development to advance economic growth in the Tennessee Valley region. & The Authority's activities include flood control, navigation development, electric-power production, fertilizer development, recreation improvement, and forestry-and-wildlife development. Though its power program is financially self-supporting, the Authority's other programs are financed primarily by congressional appropriations. -Abbr. TVA.
actual authority
See AUTHORITY (1).
adverse authority
see authority (a).
apparent authority
see authority (1).
binding authority.
See binding precedent under PRECEDENT.
certificate of authority
1. A document authenticating a notarized document that is being sent to another jurisdiction. ( The certificate assures the out-of-state or foreign recipient that the notary public has a valid commission. - Also termed certificate of capacity; certificate of official character; certificate of authentication; certificate of prothonotary; certificate of magistracy; apostille; verification. 2. A document issued by a state agency, usu. the secretary of state, granting an out-of-state corporation the right to do business in the state.
civil-authority clause
Insurance. A clause, esp. in a fire insurance policy, insuring against damages caused by firefighters, police, or other civil authority
color of authority
The appearance or presumption of authority sanctioning a public officer's actions. The authority derives from the officer's apparent title to the office or from a writ or other apparently valid process the officer bears.
common-authority rule
The principle that a person may consent to a law officer's search of another's property if both persons use, control, or have access to the property.
conflict of authority.
1. A disagreement between two or more courts, often courts of coordinate jurisdiction, on a point of law. 2. A disagreement between two or more treatise authors or other scholars, esp. in an area in which scholarly authority is paramount, such as public or private international law.
constituted authority
See AUTHORITY (3J
constructive authority
See AUTHORITY (1).
convening authority
Military law. An officer (usu. a commanding officer) with the power to convene, or who has convened, a court-martial.
corporate authority
1 the power rightfullywielded by officers of a corporation. 2. In some jurisdictions, a municipal officer, esp. one empowered to represent the municipality in certain statutory matters.
domestic authority
A defense allowing a person responsible for another (such as a parent responsible for a child) to use nondeadly fore, when reasonably necessary t,) prwect tht person being cared for.
examining authority
See AUTHORITY (3)
express authority
See AUTHORITY
general authority
See AUTHORITY (1).
imperative authority
See AUTHORITY (4)
implied authority
See AUTHORITY (1)
incidental authority
See AUTHORITY (1).
inferred authority
See incidental authority under AUTHORITY (1).
inherent authority
See AUTHORITY (1).
naked authority
See AUTHORITY (1).
offense against public justice and authority
A crime that impairs the administration of justice. ( The common-law offenses of this type were obstruction of justice, barratry, maintenance, champerty, embracery, escape, prison breach, rescue, misprision of felony, compounding a crime, subornation of perjury, bribery, and misconduct in office.