Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Abarnare
vb. [Law Latin] Hist. To detect or disclose a secret crime; to bring to judgment.
Affirmantis est probare
The person who affirms must prove.
Area bargaining
negotiation by a union of collective-bargaining agreements with scwer~ employers in a particular geographic area.
At bar
now before the court <the case at bar>. - also termed at bench; at the bar.
At the bar.
see at bar. At the courthouse door. (of the posting of a notice of judicial sale, etc.) On the courthouse door, or in direct proximity to the door, as on a bulletin board that is located just outside the door and that is regularly used for the posting of legal notices. A some statutes may specify that the notice be actually posted on the door. See posting (5).
Bar
association. An organization of members of the legal profession < several state bar associations sponsor superb cle programs>. See bar
Bar examination.
A written test that a person must pass before being licensed to practice law. 0 the content and format of bar examinations vary from state to state. - often shortened to bar.
Bar examiner
one appointed by the state to test applicants (usu. Law graduates) by preparing and administering the bar examination.
Baratriam committit qui propter pecuniam justitiam baractat
A person is guilty of barratry who sells justice for money.
Bare license
See license.
Bare licensee.
see licensee.
Bare ownership
see trust ownership under ownership.
Bare possibility
see naked possibility under possibility.
Bare promise
see gratuitous promise under promise.
Bare trustee.
See trustee (1).
Bareboat charter
see charter (4)
Barebones indictment
see indictment.
Bargain
n. An agreement between parties for the exchange of promises or performances. ( a bargain is not necessarily a contract because the consideration may be insufficient or the transaction may be illegal. - bargain, ub. "a bargain is an agreement of two or more persons to exchange promises, or to exchange a promise for a performance. Thus defined, 'bargain' is at once narrower than 'agreement' in that it is not applicable to all agreements, and broader than 'contract,' since it includes a promise given in exchange for insufficient consideration. It also covers transactions which the law refuses to recognize as contracts because of illegality." samuel williston, a treatise on the law of contracts § 2a, at 7 (walter h.e. jaeger ed., 3d ed. 1957).
Bargain and sale
a written agreement for the sale of land whereby the buyer would give valuable consideration (recited in the agreement) without having to enter the land and perform livery of seisin, so that the parties equitably "raised a use" in the buyer. ( the result of the bargain and sale was to leave the legal estate in fee simple in the seller and to create an equitable estate in fee simple in the buyer.
Bargain money.
see earnest money.
Bargain purchase.
see bargain sale
Bargain sale
a sale of property for less than its fair market value. 0 for tax purposes, the difference between the sale price and the fair market value must be taken into account. And bargain sales between family members may lead to gift-tax consequences. - also termed bargain purchase.
Bargain theory of consideration.
the theory that a promise in exchange for a promise is sufficient consideration for a contract. ( this theory underlies all bilateral contracts. See bilateral contract under contract. "we saw earlier that classical contract theory tended to associate the doctrine of consideration with the concept of bargain. The emphasis of classical law shifted away from actual benefits and detriments to the mutual promises which constitute a wholly executory contract. American lawyers developed from this trend a bargain theory of consideration' and similarly in english law a more modern basis for the doctrine of consideration was found by some lawyers in the notion that a contract is a bargain in which the consideration is the price of the bargain. Allied to this price' of the bargain." p.s. atiyah, an introduction to the law of contract 119 (3d ed. 1981)
Bargain-and-sale deed.
see deed.
Bargainee.
the buyer in a bargained-for exchange.
Bargaining agent.
see agent.
Bargaining unit
A group of employees authorized to engage in collective bargaining on behalf of all the employees of a company or an industry sector.
Bargainor
The seller in a bargained-for exchange.
Barometer stock.
see stock
Baron et feme
[law french] hist. Husband and wife. See coverture; feme covert.
Baron parke's rule.
see golden rule.
Baron.
1. Hist. A man holding land directly from the crown in exchange for military service. 2. Hist. A husband. See baron et feme. 3. One of the judges of the english or scottish courts of exchequer. - abbr. B. See barons of the exchequer. 4. A noble rank; specif., the lowest rank in the british peerage. 5. Generally, a lord or nobleman.
Barones scaccarii.
see barons of the exchequer.
Baronet
hist. A non-noble hereditary title that descends in the male line only. ( baronets originated in 1611 when james i began selling the title as a way to raise revenue.
Baronial court
Hist. A feudal court established by the owner of extensive lands held directly of the king under military tenure.
Barons of the exchequer
hist. The six judges of the court of exchequer. ( after the 1873 transfer of the court's jurisdiction to the high court of justice, the judges were known as justices of the high court. - also termed barones scaccarii. See court of exchequer.
Barony
See tenure (2).
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.
Barrier to entry .
an economic factor that makes it difficult for a business to enter a market and compete with existing suppliers. "strictly speaking, a barrier to entry is a condition that makes the long-run costs of a new entrant into a market higher than the long-run costs of the existing firms in the market; a good example is a regulatory limitation on entry. The term is also used, more questionably, as a synonym for heavy start-up costs." richard a. Posner, economic analysis of law § 10.8, at 227 (2d ed. 1977).
Barring of entail
the freeing of an estate from the limitations imposed by an entail and permit its free disposition. A this was anciently, done by means of a fine or common recovery, but later by deed in which the tenant and next heir join. - also termed breaking of entail. See entail.
Barrister
n. In england or northern ireland, a lawyer who is admitted to plead at the bar and who may argue cases in superior courts. - barristerial (bar-a-steer-ee-al), adj. Cf, solicitor (4).
Barter
n. The exchange of one commodity for another without the use of money. - barter, vb.
Case at bar.
See CASE.
Debarment
n. The act of precluding someone from having or doing something; exclusion or hindrance. - debar, ub.
Disembarrass
rb. To free from einharrassment; to extricate or disentangle one thing from another.
Dolum ex indiciis perspicuis probari convenit
Fraud should be proved by clear proofs.
Embargo
n. 1. A government's wartime or peacetime detention of an offending nation's private ships found in the ports of the aggrieved nation <the President called off the embargo of Iraq's ships after the war ended. - Also termed hostile embargo. 2. A nation's detention of its own ships in its own ports to promote safety and to preclude transportation to an offending nation <the embargo of all U.S. ships traveling to Iraq remained in effect until hostilities subsided>. 3. The unilateral or collective restrictions on the import or export of goods, materials, capital, or services into or from a specific country or group of countries for political or security reasons < for a time, the industrialized nations placed an embargo on all goods from Libya>. - Also termed trade embargo. 4. The conscription of private property for governmental use, such as to transport troops <the Army's embargo of the company jet to fly General White to Washington. 5. A temporary prohibition on disclosure <the embargo on the press release expired at 11:59 p.m.>. - embargo, vb.
Filiatio non potest probari
Filiation cannot be proved. ( That is, the husband is presumed to be the father of a child born during coverture.