Legal Dictionary of Pakistan

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

Ayant cause

civil law. One to whom a right has been assigned by will, gift, sale, or exchange; an assignee.

Cause

ub. To bring about or effect <dry conditions caused the fire>.

Court for Divorce and Matrimonial Causes

Hist. A court exercising jurisdiction over family issues, such as legitimacy and divorce. ( The Court, which was established in 1857, acquired the matrimonial jurisdiction previously exercised by the ecclesiastical courts. It consisted of the Lord Chancellor, the Chief Justices of the Queen's Bench and Common Pleas, the Chief Baron of Exchequer, the senior puisne judges of the last three courts, and the Judge Ordinary. In most instances, the Judge Ordinary heard the cases. The Judicature Act of 1873 abolished the Court and transferred its jurisdiction to the Probate Divorce and Admiralty Division (now Family Division) of the High Court of Justice.

L'obligation sans cause, ou sur une fausse cause, ou sur cause illicite, ne peut avoir aucun effet

An obligation without consideration, or upon a false consideration, or upon unlawful consideration, cannot have any effect.

Princeps et respublica ex justa causes possunt rem meam auferre

The king and the commonwealth can take away my property for just cause.

Respiciendum est judicanti nequid aut durius aut remissius constituatur quam causes deposcit; nec enim aut severitatis aut clementiae gloria affectanda est

The person judging must see to it that nothing should be either more severely or more leniently construed than the cause itself demands; neither for severity nor clemency is glory to be sought after.

a cause de cy

[Law French] For this reason.

accredited investor. An investor treated under the Securities Act of 1933 as being knowledgeable and sophisticated about financial matters, esp. because of the investor's large net worth. 0 In a secur

See REPRESENTATIVE.

action, cause of.

See CAUSE OF ACTION.

actual cause

See but-for cause under CAUSE (1).

adequate cause.

See ADEQUATE PROVOCATION.

arresting the suspect. ( Such testimony may be given when an arrest has been made without probable cause, as when illegal substances have been found through an improper search. expert testimony

See expert evidence under EVIDENCE.

but-for cause

The cause without which the event could not have occurred. - Also termed actual cause; cause in fact; factual cause.

cause celebre

[French "celebrated case"] A trial or decision in which the subject matter or the characters are unusual or sensational <the O.J. Simpson trial was a cause celebre in the 1990s>.

cause in fact

See but-for cause under CAUSE (1)

cause list.

See DOCKET (2)

cause of action.

1. A group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person; CLAIM (4) <after the crash, Aronson had a cause of action>.

cause-and-prejudice rule

Criminal law. The doctrine that a prisoner attacking the conviction or sentence (as by a petition for writ of habeas corpus) on the basis of a constitutional challenge that was not presented to the trial court, must show good cause for failing to preserve the objection at trial, and must show that the trial court's error actually prejudiced the defendant. & The cause that will excuse the defendant's procedural lapse must ordinarily be some objective factor that made presentation of the defense impractical at trial, such as the reasonable unavailability of the legal or factual basis of the defense at trial, or wrongful governmental interference. As for the prejudice element, the defendant must show that some actual prejudice, such as a constitutionally invalid sentence, resulted from the trial court's error. The cause-and-prejudice rule creates a higher burden than the defendant would face in a direct appeal because it is intended to provide protection from fundamental miscarriages of justice rather than from minor trial court errors. But in death-penalty cases in which the defendant proves actual innocence, the court may grant relief even when the standards of the cause-and-prejudice rule have not been met. See actual innocence under INNOCENCE.

cause-of-action estoppel.

See COLLATERAL ESTOPPEL.

challenge for cause

A party's challenge supported by a specified reason, such as bias or prejudice, that would disqualify that potential juror. - Also termed causal challenge; general challenge; challenge to the poll.

common cause

See common plea under PLEA (3).

concurrent cause

See CAUSE

concurrent cause.

1. One of two or more causes that simultaneously create a condition that no single cause could have brought about. 2. One of two or more causes that simultaneously create a condition that any one cause could have created alone.

contributing cause.

A factor that - though not the primary cause - plays a part in producing a result.

cooperative cause

See CAUSE (1).

cooperative cause.

Archaic. A person who is contributorily or comparatively negligent.

dependent intervening cause

A cause of an accident or injury that occurs between the defendant's behavior and the injurious result, but that does not change the defendant's liability.

direct and proximate cause

See proximate cause.

direct cause

See proximate cause.

dismissal for cause

A dismissal of a contract employee for a reason that the law or public policy has recognized as sufficient to warrant the employee's removal.3. Military law. A court-martial punishment for an officer, commissioned warrant officer, cadet, or midshipman, consisting of separation from the armed services with dishonor. ( A dismissal can be given only by a general courtmartial and is considered the equivalent of a dishonorable discharge. - dismiss, ub.

effective cause

See immediate cause under .FUSE (1).

efficient adequate cause

See proximate cause under CAUSE (1).

efficient adequate cause.

See proximate cause.

efficient cause

See proximate cause.

efficient cause.

See proximate cause under FUSE (1).

efficient intervening cause

See intervening ruse under CAUSE (1).

efficient intervening cause.

See intervening cause.

efficient proximate cause

See proximate !use under CAUSE (1).

efficient proximate cause.

See proximate cause

factual cause

See but-for cause.

failure to state a cause of action

See FAIL URE.

for cause

For a legal reason or ground. 0 The phrase expresses a common standard governing the removal of a civil servant or an employee under contract. - for-cause, adj.

good cause

A legally sufficient reason. Good cause is often the burden placed on a litigant (usu. by court rule or order) to show why a request should be granted or an action excused. The term is often used in employment-termination cases. - Also termed good cause shown; just cause; lawful cause; sufficient cause. "Issues of 'just cause,' or 'good cause,' or simply 'cause' arise when an employee claims breach of the terms of an employment contract providing that discharge will be only for just cause. Thus, just cause is a creature of contract. By operation of law, an employment contract for a definite term may not be terminated without cause before the expiration of the term, unless the contract provides otherwise." Mark A. Rothstein et al., Employment Law ยง 9.7, at 539 (1994).

good cause shown.

See good cause under CAUSE (2).

immediate cause

See CAUSE (1).

immediate cause.

The last event in a chain of events, though not necessarily the proximate cause of what follows. - Also termed effective cause.

independent intervening cause

See intervening cause under CAUSE (1). independent investigation committee See SPECIAL LITIGATION COMMITTEE.

intervening cause

See CAUSE ( 1 ),.

intervening cause.

An event that comes between the initial event in a sequence and the end result, thereby altering the natural course of events that might have connected a wrongful act to an injury. ( If the intervening cause is strong enough to relieve the wrong doer of any liability, it becomes a superseding cause. A dependent intervening cause is one that is not an act and is never a superseding cause. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. - Also termed intervening act; intervening agency; intervening force; in-dependent intervening cause; efficient intervening cause; supervening cause; novus actus interveniens; nova causa interveniens. See superseding cause.

jural cause

See proximate cause under CAUSE