Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Actual bailment
a bailment that arises from an actual or constructive delivery of property to the bailee.
Bail
vb. 1. To obtain the release of (oneself or another) by providing security for future appearance <his parents bailed him out of jail>. 2. To release (a person) after receiving such security <the court bailed the prisoner>. 3. To place (personal property) in someone else's charge or trust <bail the goods with the warehouse.
Bail above
see bail to the action under bail (3).
Bail absolute
a type of fiduciary bond conditioning a surety's liability on the failure of an estate administrator, executor, or guardian to properly account for estate funds. See fiduciary bond under bond (2).
Bail below
see bail to the sheriff.
Bail bond
see bond (2).
Bail bondsman
see bailer (1).
Bail common
hist. A fictitious surety filed by a defendant in a (usu. Minor) civil action. - also termed common basil; straw bail.
Bail court
hist. An ancillary court of queen's bench responsible for ensuring that bail sureties were worth the sums pledged (i.e., hearing justifications) and handling other procedural matters. 0 the court was established in 1830 and abolished in 1854. - also termed practice court.
Bail dock
a small compartment in a courtroom used to hold a criminal defendant during trial.
Bail in error
security given by a defendant who intends to bring a writ of error on r judgment and desires a stay of execution in t he meantime. See appeal bumd & supersedes bond under bond (2).
Bail piece
hist. A document recording the nature of the bail granted to a defendant in a civil action. ( the bail piece was filed with the court and usu. Signed by the defendant's sureties. See bail (2); recognizance.
Bail to the action
hist. A surety for a civil defendant arrested by a mesne process (i.e., a process issued during the lawsuit).( if the defendant lost the lawsuit, the bail to the action was bound either to pay the judgment or to surrender the defendant into custody. -also termed bail above; special bail. Cc bail to the sheriff.
Bail to the sheriff
see bail (3).
Bail-enforcement agent
see bounty hunter.
Bail-jumping
n. The criminal offense of defaulting on one's bail. - bail-jumper, ;
Bail-point scale
a system for determining a criminal defendant's eligibility for bail, whereby a defendant either will be released on personal recognizance or will have a bail amount set according to the total number of points given, based on the defendant's background and behavior.
Bailable
adj. (of an offense or person) eligible for bail.
Bailable process
see process (2).
Bailee
a person who receives personal property from another as a bailment. See bailment
Bailee policy
see insurance policy.
Bailer
1. One who provides bail as a surety for a criminal defendant's release. - also spelled bailor. - also termed bail bondsman; bailsman. 2. Bailor (1).
Bailiff
1. A court officer who maintains order during court proceedings. 2. A sheriff's officer who executes writs and serves processes.
Bailiff-errant
hist. A bailiff appointed by the sheriff to deliver writs and other process within a county. Cf. Bailiffs of franchises.
Bailiffs of franchises
hist. Bailiffs who execute writs and perform other duties in privileged districts that are outside the crown's (and therefore the sheriffs) jurisdiction. Cf. Bailiffs-errant. "bailiffs of franchises are those who are appointed by every lord within his liberty, to do such offices therein, as the barlcff errant does at large in the county." Thomas blount, nnrno-lexicon. A lacc-i)"tuonan (1670).
Bailiffs of hundreds
hist. Bailiffs appointed by a sheriff to collect fines, summon juries, attend court sessions, and execute writs and process in the county district known as a hundred. See hundred.
Bailiffs of manors
hist. Persons appointed to superintend the estates of the nobility. 0 these bailiffs collected fines and rents, inspected buildings, and took account of waste, spoils, and misdemeanors in the forests and demesne lands.
Bailivia
see bailiwick.
Bailiwick
the office, jurisdiction or district of a bailiff; esp., a bailiff's territorial jurisdiction. - also termed bailiuia; baliua; balliua.
Bailment
1. A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract. ( unlike a sale or gift of personal property, a bailment involves a change in possession but not in title. Cf. Pawn.
Bailment for hire
a bailment for which the bailee is compensated, as when one leaves a car with a parking attendant. - also termed lucrative bailment.
Bailment for mutual benefit
a bailment for which the bailee is compensated and from which the bailor receives some additional benefit, as when one leaves a car with a parking attendant who will also wash the car while it is parked.
Bailor
1. A person who delivers personal property to another as a bailment. -also spelled bailer. 2. Bailer (1).
Bailout
n. 1. A rescue of an entity, usu. A corporation, from financial trouble. 2. An attempt by a business to receive favorable tax treatment of its profits, as by withdrawing profits at capital-gain rates rather than distributing stock dividends that would be taxed at higher ordinary-income rates.
Bailout stock
see stock.
Bailsman
see bailer (1)
Bound bailiff
hist. A deputy sheriff plac under bond to ensure the faithful perfw mance of assigned duties.
Cash bail
a sum of money (rather than a surety bond) posted to secure a prisoner's release from jail. - also termed stationhouse bail.
Civil bail
a bond or deposit of money given to secure the release of a person arrested for failing to pay a court-ordered civil debt. ( the bail is conditioned on the payment of the debt.
Common bail
see bail common
Constructive bailment
A bailment that arises when the law imposes an obligation on a possessor of personal property to return the property to its rightful owner, as with an involuntary bailment.
Excessive bail
bail that is unreasonably high considering both the offense with which the accused is charged and the risk that the accused will not appear for trial. 0 the eighth amendment prohibits excessive bail. 2. Release of a prisoner on security for a future appearance <the court refused bail for the accused serial killer>. 3. One or more sureties for a criminal defendant <the attorney stood as bail for her client>. See bailer (1).
Gratuitous bailment
A bailment for which the bailee receives no compensatibn, as when one borrows a friend's car. 0 a gratuitous bailee is liable for loss of the property only if the loss is caused by the bailee's gross negligence. - also termed naked bailment; depositum; naked deposit; gratuitous deposit; deposit.
High bailiff
hist. A bailiff attached to county court, responsible for attending col sessions, serving summonses, and executr orders, warrants, and writs.
Involuntary bailment
a bailment that arises when a person accidentally, but without any negligence, leaves personal property in another's possession. ( an involuntary bailee who refuses to return the property to the owner can be liable for conversion. -also termed involuntary deposit. See abandoned property, lost property, mislaid property under property. Lucrative bailment. See bailment for hire. Naked bailment. See gratuitous bailment.2. The personal property delivered by the bailor to the bailee. 3. The contract or legal relation resulting from such a delivery. 4. The act of posting bail for a criminal defendant. 5. The documentation for the posting of bail for a criminal defendant.
Jump bail
ub. See jump bail.
Nonbailable
adj. 1. (Of a person) not entitled to bail <the defendant was nonbailable because of a charge of first-degree murder>. 2. (Of an offense) not admitting of bail <murder is a nonbailable offense>.
Special bailiff
hist. A deputy sheriff ap-pointed at a litigant's request to serve execute some writ or process related to the lawsuit.
Straw bail
see bail common.
actual bailment.
See BAILMENT.