Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative.
From impossibility to nonexistence the inference follows necessarily in the negative, though not in the affirmative.
Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis
Such number and sense is to be given to abbreviations that the grant may not be void.
Access
An opportunity or ability to enter, approach, pass to and from, or communicate with <access to the courts>. 2. Copyright. An opportunity to view or copy a copyrighted work <the duplication of the error proved that the defendant had access>. - access, vb ."Since direct evidence of copying is rarely available, a plaintiff can rely upon circumstantial evidence to prove this essential element; the most important component of such circumstantial evidence to support a copyright infringement claim is proof of access. Evidence of access and substantial similarity create an inference of copying and establish a prima facie case of copying." 18 Am. Jur. 2d Copyright and Literary Property § 206 (1985).multiple access. Family law. In a paternity suit, the defense that the mother had lovers other than the defendant around the time of conception.
Accession
The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. The process by which a nation becomes a party to a treaty that has already been agreed on by other nations < Italy became a party to the nuclear-arms treaty by accession>. - Also termed adherence; adhesion. 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. - Also termed (in Roman law) accessio. See ADJUNCTION (2). "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hirepurchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977) 5. A property owner's right to all that is added to the land, naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the homeowner's property by accession. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle .... If the seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle's secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail." Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code § 4-22, at 93 (2d ad. 1979).ACCESSORYSHIP.
Accessorial
1. (Of a promise) made for the purpose of strengthening another's credit <an accessorial pledge by way of guaranty>. - Also termed accessory. 2. Criminal law. Of or relating to the accessory in a crime <accessorial guilt>.
Accessorium non ducit, sed sequitur, suum principale
An accessory does not lead, but follows, its principal.
Accessorius sequitur naturam sui principalis
An accessory follows the nature of his principal.
Accessory
Something of secondary or subordinate importance. 2. A person who aids or contributes in the commission of a crime. & An accessory is usu. liable only if the crime is a felony. - accessory, adj. - accessoryship, n. Cf. PRINCIPAL (2)"In most jurisdictions, the common-law distinctions between principals and accessories have largely been abolished, although the pertinent statutes vary in form and substance. Conceptually, the common-law pattern remains the same: The person who aids, abets, commands, counsels, or otherwise encourages another to commit a crime is still regarded as a party to the underlying crime as at common law, even though the labels principal in the first degree, principal in the second degree, and accessory before the fact are no longer used, and even though it usually does not matter whether the aider and abettor is or is not present at the scene of the crime." 1 Charles E. Torcia, Wharton's Criminal Law § 35, at 202-03 (15th ed. 1993).
Accessoryship
The status or fact of beinan accessory. - Also termed (loosely) accession.
Argumentum ex concesso
[latin] an argument based on an earlier admission by the adversary.
Arrest on final process
hist. Arrest in a civil case after the conclusion of a trial. -also termed arrest in execution.
Arrest on mesne process
see arrest
Arrest on mesne process (meen).
hist. Arrest in a civil case before trial takes place .citizen's arrest. An arrest of a private person by another private person on grounds that (1) a public offense was committed in the arrester's presence, or (2) the arrester has reasonable cause to believe that the arrestee has committed a felony.
Artificial succession
see succession (4).
Assisa de morte antecessoris
see assize of mort d'ancestor under assize (s)
Bailable process
see process (2).
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Bigamus seu trigamus, etc., est qui diversis temporibus et successive duas seu tres uxores habuit
A bigamus or trigamus, etc., is one who has had two or more wives in succession, each at a different time. 3 Co. Inst. 88.
Bonum necessarium extra terminos necessitates non est bonum
A thing good from necessity is not good beyond the limits of the necessity.
Breve judiciale debet sequi suum originale, et accessorium suum principale
A judicial writ ought to follow its original, and an accessory its principal.
Cess
n. Hist. 1. English law. An assessment or tax. 2. Scots law. A land tax. - Also spelled cesse; sess.
Cessa regnare, si non vis judicare
Cease to reign if you wish not to adjudicate.
Cessante causa, cessat effectus
The cause ceasing, the effect ceases.
Cessante ratione legis cessat et ipsa lex.
When the reason of the law ceases, the law itself also ceases.
Cessante statu primitivo, cessat derivativus.
When the original estate comes to an end; the derivative estate is also at an end.
Cessionary bankrupt
archaic. A person who forfeits all property so that it may be divided among creditors.( for the modern near-equivalent, see chapter 7.
Cessure
See CESSER.
Chartarum super fidem, mortuis testibus, ad patriam de necessitudine recurrendum est
(A dispute) regarding the veracity of deeds, with the witnesses dead, must necessarily be referred to the country (or jury).
Compulsory Process Clause
The clause of the Sixth Amendment to the U.S. Constitution giving criminal defendants the subpoena power for obtaining witnesses in their favor.
Concessi
[Latin] Hist. I have granted. ( Concessi grants a covenant in a lease for years; it does not warrant title. Concessi often appeared in the phrase demisi, concessi, et ad firmam tradidi ("demised, granted, and let to farm"). Cf. DEDI. "Concessi (a word much used in Conveyances). In Law it creates a Covenant, as Dedi does a Warranty." Thomas Blount, Nomo-Lexicon: A Law-Dictionary (1670).
Concessio per regem ieri debet de certitudine
A grant by the king ought to be made of a certainty. ( Coke explains, "If the king grants to me that I shall not be sheriff, without showing of what county, it is void for uncertainty." 9 Coke 46b.
Concessio versus concedentem latam interpretationem habere debet
A grant ought to have a liberal interpretation against the grantor.
Concession
n. 1. A government grant for specific privileges. 2. The voluntary yielding to a demand for the sake of a settlement. 3. A rebate or abatement. 4. Int'Z law. A contract in which a country transfers some rights to a foreign enterprise which then engages in an activity (such as mining) contingent on state approval and subject to the terms of the contract. - concede, vb. - concessive, adj.
Constitutiones tempore posteriores potiores sunt his quse ipsas praecesserunt
Later laws prevail over those that preceded them.
Cui jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest
To whom jurisdiction is given, those things also are considered to be granted without which the jurisdiction cannot be exercised. ( That is, the grant of jurisdiction implies the grant of all powers necessary to its exercise.
Cujus juris (i.e., jurisdictionis) est principale, ejusdem juris erit accessorium
An accessory matter is subject to the same jurisdiction as its principal.
Designatio unius est exclusio alterius, et expressum facit cessare tacitum
The designation of one is the exclusion of the other; and what is expressed prevails over what is implied.
Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pensata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus
A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.
Dolus auctoris non nocet successori
The fraud of a predecessor does not prejudice the successor.
Donationum alia perfecta, alia incepta et non perfecta; ut si donatio lecta fuit et concessa, ac traditio nondum fuerit subsecuta
Some gifts are perfect, others incipient and not perfect; for example, if a gift were read and agreed to, but delivery had not then followed.
Due Process Clause
The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. 0 There are two Due Process Clauses in the U.S. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states (although the 5th Amendment's Due Process Clause also applies to the states under the incorporation doctrine). Cf. EQUAL PROTECTION CLAUSE.
Equal Access to Justice Act
A federal statute enacted in 1980 to allow the prevailing party in certain actions against the government to recover attorney's or expert-witness fees. Pub. L. No. 96-481, title 11, 94 Stat. 2325 (codified as amended in scattered sections of 5, 15, and 28 USCA). - Abbr. EAJA.
Excessive Fines Clause
The clause of the Eighth Amendment to the U.S. Constitution prohibiting the imposition of excessive fines.
Excessive assessment
a tax assessment that is grossly disproportionate as compared with other assessments.
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).
Excessus in jure reprobatur
Excess in law is condemned.
Excessus in re qualibet jure reprobatur communi
Excess in anything at all is condemned by common law.
Expressum facit cessare tacitum
Something expressed nullifies what is unexpressed.
FUus nulla culpa est cui parere necesse sit
No guilt attaches to a person who is compelled to obey.
Falsa grammatica non vitiat concessionem.
False or bad grammar does not vitiate a grant. Neither false Latin nor false English will make a deed void when the intent of the,parties plainly appears.