Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Acta in uno judicio non probant in alio nisi inter easdem personas
Things done in one action cannot be taken as evidence in another, unless it is between the same parties.
Adjuvari quippe nos, non decipi, beneficio oportet
Surely we ought to be helped by a benefit, not be entrapped by it.
Aliena negotia exacto officio geruntur
The business of another is conducted with scrupulous attention.
Beneficio primo ecclesiastico habendo
[latin "to have the first ecclesiastical benefice"] hist. A writ from the king to the lord chancellor ordering the appointment of a named person to the first vacant benefice.
CIO
abbr. The Congress of Industrial Organizations, which merged with the AFL in 1955. See AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS.
Clausulae inconsuetae semper inducunt suspicionem
Unusual clauses always arouse suspicion.
Compromissum ad similitudinem judiciorum redigitur
A compromise is brought into affinity with judgments.
Confessio facta in judicio amni probatione major est
A confession made in court is of greater effect than any proof.
Confessus in judicio pro judicato habetur et quodammodo sua sententia damnatur
A person who has confessed his guilt when arraigned is considered to have been tried and is, as it were, condemned by his own sentence.
Conscientia dicitur a con et scio, quasi scire cum Deo.
Conscience is so called from con and scio, to know, as it were, with God.
Contumacious
adj. See CONTEMPT.
De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti
The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact.
Dona clandestina sunt semper suspiciosa.
Clandestine gifts are always suspicious.
Donatio principis intelligitur sine praejudicio tertii
A gift of the prince is understood without prejudice to a third party.
Ex maleficio non oritur contractus
A contract does not arise out of an illegal act.
Facio ut des
I do that you may give.
Facio ut facias
I do that you may do.
Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manife
Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, for clamor diminishes, and defamation manifests.
Frustra fit per plura quod fieri potest per pauciora
That is done vainly through many measures if it can be accomplished through fewer.
Homologacion
See HOMOLOGATION,
In atrocioribus delictis punitur affectus li. cet non sequatur effectus.
In the more atro. cious crimes, the intent (or attempt) is pun ished even if the effect does not follow.
In haeredes non solent transire actiones quae poenales ex maleficio sunt.
Penal actions arising from anything of a criminal nature do not pass to heirs.
In judicio non creditur nisi juratis
In court no one is trusted except those sworn.
In maleficio ratihabitio mandato comparatur
In delict (or tort), ratification is equivalent to authorization. Dig. 43.16.1.15.
Juicio
Spanish law. A trial or suit.
Juratus creditur in judicio
In judgment a person who has sworn an oath is believed.
Jus accrescendi inter mercatores locum non habet, pro beneficio commercii
For the good of commerce, the right of survivorship has no place among merchants.
Malicious
1 Substantially certain to cause injury. 2. Without just cause or excuse. malicious abandonmentSee ABANDONMENT
Malicious arrest
an arrest made without probable cause and for an improper purpose; esp., an abuse of process by which a person procures the arrest (and often the imprisonment) of the plaintiff by means of judicial process, without any reasonable cause. 0 malicious arrest can be grounds for an action for abuse of process, false imprisonment, or malicious prosecution.
Multiplex et indistinctum parit confusionem; et quaestiones quo simpliciores, eo lucidiores
Multiplicity and indistinctness produce confusion: the simpler questions are, the more lucid they are.
Noscitur ex socio qui non cognoscitur ex se
A person who is not known for himself is known from his associate.
Officious testment.
Civil law a will that disposes of propert to the testator's family ;a wil that reserves the legitime for the testator's children and other natural heirs -also termed officious will See legitime.
Scientia sciolorum est mixta ignorantia
The knowledge of smatterers is ignorance diluted.
Sociopath
n. See PSYCHOPATH. - sociopathy, n. - sociopathic, adj.
Suspicion
The imagination or apprehension of the existence of something wrong based only on slight or no evidence, without definitive proof. See REASONABLE SUSPICION.
Unconscionability
1. Extreme unfairness. 2. The principle that a court may refuse to enforce a contract that is unfair or oppressive because of procedural abuses during contract formation or because of overreaching contractual terms, esp. terms that are unreasonably favorable to one party while precluding meaningful choice for the other party. ( Because unconscionability depends on circumstances at the time the contract is formed, a later rise in market price is irrelevant. "Traditionally, a bargain was said to be unconscionable in an action at law if it was 'such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other;' damages were then limited to those to which the aggrieved party was 'equitably' entitled. Hume u. United States, 132 U.S. 406, [10 S.Ct. 134] (1889), quoting Earl of Chesterfield u. Janssen, 2 Ves. Sen. 125, 155, 28 Eng. Rep. 82, 100 (Ch. 1750). Even though a contract was fully enforceable in an action for damages, equitable remedies such as specific performance were refused where 'the sum total of its provisions drives too hard a bargain for a court of conscience to assist.' Campbell Soup Co. o. Wentz, 172 F.2d 80, 84 (3d Cir. 1948). Modern procedural reforms have blurred the distinction between remedies at law and in equity. For contracts fof the sale of goods, Uniform Commercial Code § 2-302 states the rule of this Section without distinction between law and equity. Comment 1 to that section adds, 'The principle is one of the prevention of oppression and unfair surprise ... and not of disturbance of allocation of risks because of superior bargaining power.'" Restatement (Second) of Contracts § 208 cmt. b (1981). "Nowhere among the [Uniform Commercial] Code's many definitions is there one pf unconscionability. That the term is incapable of precise definition is a source of both strength and weakness." E. Allan Farnsworth, Contracts § 4.28, at 310 (1982).
Unconscionable
adj. 1. (Of a person) having no conscience; unscrupulous <an unconscionable used-car salesman>. 2. (Of an act or transaction) showing no regard for conscience; affronting the sense of justice, decency, or reasonableness <the contract is void as unconscionable>. Cf. CONSCIONABLE.
Unconscious
adj. Without awareness; not conscious. ( A person who commits a criminal act while unconscious may be relieved from liability for the act.
actio pro socio
An action brought by one partner against another.
actio pro socio.
See ACTIO.
admission in judicio
See judicial admission under ADMISSION.
admission in judicio.
See judicial admission.
afl-cio
abbr. american federation of labor and congress of industrial organizations.
capricious
adj. 1. (Of a person) characterized by or guided by unpredictable or impulsive behavior. 2. (Of a decree) contrary to the evidence or established rules of law. Cf. ARBITRARY.
claims-consciousness
n. The quality characterizing a legal culture in which people have firm expectations of justice and are willing to take concrete steps to see that justice is done <claims-consciousness in the United States has resulted from certain social changes, not from any character deficiency>. - Also termed rights-consciousness. - claims-conscious, adj
coercion
n. 1. Compulsion by physical force or threat of physical force. ( An act such as signing a will is not legally valid if done under coercion.
con fessio in judicio
[Latin "confession in court"] Hist. An in-court confession.
conscionable
adj. Conforming with good conscience; just and reasonable <a conscionable bargain>. - conscionableness, conscionability, n. Cf. UNCONSCIONABLE.
conscious parallelism
Antitrust. An act of two or more businesses intentionally engaging in monopolistic conduct.
consciously parallel
Antitrust. Of, relating to, or characterizing the conduct of a party who has knowledge of a competitor's action (such as raising prices) and who makes an independent decision to take the same action. 0 In some cases this is viewed as evidence of a conspiracy.