Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Breaking

Criminal law. In the law of burglary, the act of entering a building without permission."[T]o constitute a breaking at common law, there had to be the creation of a breach or opening; a mere trespass at law was insufficient. If the occupant of the dwelling had created the opening, it was felt that he had not entitled himself to the protection of the law, as he had not properly secured his dwelling .... In the modern American criminal codes, only seldom is there a requirement of a breaking. This is not to suggest, however, that elimination of this requirement has left the 'entry' element unadorned, so that any type of entry will suffice. Rather, at least some of what was encompassed within the common law 'breaking' element is reflected by other terms describing what kind of entry is necessary. The most common statutory term is 'unlawfully,' but some jurisdictions use other lan

Sabbath-breaking

The violation of laws or rules on observing the Sabbath; esp., the violation of a blue law.

breaking a case

1 The voicing by one appellate judge to another judge on the same panel of a tentative view on how a case should be decided. 0 These informal expressions assist the judges in ascertaining how close they are to agreement. 2. The solving of a case by the police.

breaking a close

See BREACH OF CLOSE.

breaking and entering

See BURGLARY (2).

breaking bulk

n 1. The act of dividing a large shipment into smaller units. 2. Larceny by a bailee, esp. a carrier, who opens containers, removes items from them, and converts the items to personal use. - Also termed breaking bale. - break bulk, vb.

breaking of entail

See BARRING OF ENTAIL

constructive breaking into a house

A breaking made out by construction of law, as when a burglar gains entry by threat or fraud.

housebreaking.

The crime of breaking into a dwelling or other secured building, with the intent to commit a felony inside; BURGLARY. ( Burglary is now used more than housebreaking. In England, for example, housebreaking was replaced in 1968 with statutory burglary, though housebreaking is still used in Scots law.