Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A tort et a travers
[law french] without consideration or discernment.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit
A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission.
Aver
ub. To assert positively, esp. In a pleading; to allege.
Average
n. 1. A single value that represents a broad sample of subjects; esp., in mathematics, the mean, median, or mode of a series. 2. The ordinary or typical level; the norm. 3. Maritime law. Liability for partial loss or damage to an insured ship or its cargo during a voyage; the apportionment of such liability. - average, vb. & adj.
Average bond
see bond (2)
Average cost
see cost (1).
Average daily balance
see daily balance.
Average gross sales
see sale.
Average tax rate
see tax rate.
Average variable cost
the average cost per unit of output, arrived at by dividing the total cost (fixed cost and variable cost) by output. Cf. Long-run incremental cost.
Averaging down
securities. An investment strategy in which shares in the same company are purchased at successively lower prices to achieve a lower average cost than the first purchase.
Averaging up
securities. An investment strategy in which shares in the same company are purchased at successively higher prices to accumulate an increasingly larger position at an average cost that is lower than the market price. 0 the investor will earn significant profits only if the stock's price continues to rise.
Averment
n. A positive declaration or affirmation of fact; esp., an assertion or allegation in a pleading <the plaintiff's averment that the defendant ran a red light>. Cf asseverate.
Averment of notice
a statement in a pleading that someone else has been properly notified about some fact. See notice.
Badge of slavery
1. Strictly, a legal disabiiity suffered by a slave, such as the inability to vote or to own property. 2. Broadly, any act of racial discrimination - public or private - that congress can prohibit under the 13th amendment.
Crimen falsi dicitur, cum quis illicitus, cui non fuerit ad hoea data auctoritas, de sigillo regis rapto vel invento brevia cartasve consignaverit
It is called "crimen falsi" when anyone to whom power has not been given for such purposes has illicitly signed writs or grants with the king's seal, either stolen or found.
Cum aliquis renunciaverit societati, solvitur societas
When any partner has renounced the partnership, the partnership is dissolved.
Devastaverunt
[Latin pl. of devastavit "he (or she) has wasted"] They have wasted. ( This word usu. referred to both an executor's waste of a decedent's property and the action against the executor for that waste.
Dow Jones Industrial Average.
A stock-market-performance indicator that consists of the price movements in the stocks of 30 leading industrial companies in the United States. -Abbr. DJIA. - Often shortened to Dow. -Also termed Dow Jones Average.
Extraordinary average
a contribution by all the parties concerned in a commercial voyage - whether for vessel or cargo -toward a loss sustained by some of the parties in interest for the benefit of all.
General average
average resulting from an intentional partial sacrifice of ship or cargo to avoid total loss. ( the liability is shared by all parties who had an interest in the voyage. -abbr. Ga. - also termed gross average; general-average contribution.
Immaterial averment
an averment that alleges something in needless detail; a statement that goes far beyond what is in issue. ( this type of averment may be ordered struck from the pleading.
Negative averment.
An averment that is negative in form but affirmative in substance and that must be proved by the alleging party- ( an example is the statement "she was not old enough to enter into the contract," which is more than just a simple denial. Cf. Traverse.
Nul sans damage avera error ou attaint
No one shall have error or attaint unless there has been damage.
Particular average
average resulting from an accidental partial loss or damage. ( the liability is borne solely by the person who suffered the loss. - also termed simple average; partial average.
Qui semel actionem renunciaverit, amplius repetere non potest
A litigant who has once renounced his action cannot bring it any longer.
Rerum progressus ostendunt multa, quae in initio praecaveri seu praevideri non possunt
The course of events reveals many things that in the beginning could not be guarded against or foreseen.
Si quidem in nomine, cognomine, praenomine, agnomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum
If the testator has erred in the name, cognomen, praenomen, or title of the legatee, when there is certainty about the person, the legacy is nonetheless valid.
Slavery
1. A situation in which one person has absolute power over the life, fortune, and liberty of another. 2. The practice of keeping individuals in such a state of bondage or servitude. • Slavery was outlawed by the 13th Amendment to the U.S. Constitution. "Slavery was a big problem for the Constitution makers. Those who profited by it insisted on protecting it; those who loathed it dreaded even more the prospect that to insist on abolition would mean that the Constitution would die aborning. So the Framers reached a compromise, of sorts. The words 'slave' and 'slavery' would never be mentioned, but the Constitution would safeguard the 'peculiar institution' from the abolitionists." Jethro K. Lieberman, The Evolving Constitution 493 (1992).
Traverser
n. One who traverses or denies a pleading.
a aver et tener
[Law French] To have and to hold. See HABENDUM CLAUSE.
average bond.
Marine insurance. A bond given to the captain of a ship by consignees of cargo subject to general average, guaranteeing payment of their contribution once it is ascertained, on condition that their goods be promptly delivered.
average cost
The sum of the costs of beginning inventory costs and the costs of later additions divided by the total number of available units.
average gross sales
The amount of total sales divided by the number of sales transactions in a specific period.
average tax rate
A taxpayer's tax liability divided by the amount of taxable income.
common traverse
See TRAVERSSE
cumulative traverse
A traverse that analyzes a proposition into its constituent parts and traverses them cumulatively. ( It amounts to the same thing as traversing the one entire proposition, since the several parts traversed must all make up one entire proposition or point.
de averiis captis in withernamium
n. [Law Latin "for taking cattle in withernam"] Hist. A writ directing a sheriff to detain a defendant's cattle because the defendant had unlawfully taken the plaintiff's cattle out of the county. 0 The defendant's cattle would be detained until the sheriff could replevy the plaintiff's cattle.
de averiis replegiandis
n. [Law Latin "of replevying beasts"] Hist. A writ ordering a sheriff to replevy someone's beasts or chattels that had been unlawfully taken and detained. ( This is the old writ of replevin.
de replegiore de averiis
See DE AVERIIS REPLEGIANDIS.
doctrine of general average
A rule allowing a carrier to require cargo owners and the shipowner to contribute pro rata to the cost of protecting the ship and its cargo.
dollar-cost averaging
n. The investment practice of purchasing a fixed dollar amount of a type of security at regular intervals.
extraordinary average
See AVERAGE.
fair averaging
The process of assessing taxes by using the average of the amount and price of goods acquired over a 12-month period rather than the amount and price at a particular time of the year.
free of all average
Maritime law. Insurance that covers a total loss only. - Abbr. FAA.
general average
See AVERAGE.
general average loss
Marine underwriting. A loss at sea usu. incurred when cargo is thrown overboard to save the ship; a loss due to the voluntary and intentional sacrifice of part of a venture (usu. cargo) to save the rest of the venture from imminent peril. 0 Such a loss is borne equally by all the interests concerned in the venture. See AVERAGE (3).
general traverse
See TRAVERSE.
general-average bond
See BOND (2).
general-average bond.
Maritime law. A cargo owner's bond exacted by a carrier to ensure that the owner will pay the general average contribution. 0 When the contribution amounts are disputed, the carrier requires this bond before agreeing to unload the ship. - Also termed average bond. See general average under AVERAGE (3).