Legal Dictionary of Pakistan

Bad-conduct discharge

see discharge (8)

Charge

n. 1. A formal accusation of a crime as a preliminary step to prosecution <a murder charge>. - Also termed criminal charge. 2. An instruction or command < a mother's charge to her son>. 3. JURY CHARGE <review the charge for appealable error>. 4. An assigned duty or task; a responsibility <the manager's charge to open and close the office>. 5. An encumbrance, lien, or claim <a charge on property>. 6. A person or thing entrusted to another's care <a charge of the estate>. 7. Price, cost, or expense < free of charge>.

Chargeable

adj. (Of an act) capable or liable of being charged as a criminal offense <taking that money for personal use would be chargeable >.

Les lois ne se chargent de punir que les actions exterieures

Laws undertake to punish only outward actions.

Mischarge

An erroneous jury instruction that may be grounds for reversing a verdict. - Also termed misdirection.

Surcharge

vb. 1. To impose an additional (usu. excessive) tax, charge, or cost. 2. To impose an additional load or burden. 3. (Of a court) to impose a fine on a fiduciary for breach of duty. 4. To overstock (an area) with animals.

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

acting charge d'affaires

A charge d' affaires who performs mission functions when the leader of the mission is not available to do so or when the position is vacant. - Also termed charges d'affaires ad interim.

acting charge d'affaires.

See CHARGE D'AFFAIRES.

administrative discharge

A military-service discharge given by administrative means and not by court-martial.

administrative discharge.

See DISCHARGE (6).

affirmative charge

see affirmative instruction under jury instruction.

allen charge

criminal procedure. a supple-mental jury instruction given by the court to encourage a deadlocked jury, after prolonged !eliberations, to reach a verdict. allen v. united states, 164 u.s. 492, 17 s.ct. 154 (1896). -;lso termed dynamite charge; dynamite inaruction; nitroglycerine charge; shotgun intruction; third-degree instruction.

bad-conduct discharge

A punitive discharge that a court-martial can give a member of the military, usu. as punishment for repeated minor offenses. - Abbr. BCD.

carrying charge

1. A cost, in addition to interest, paid to a creditor for carrying installment credit. 2. Expenses incident to property ownership, such as taxes and upkeep. carrying cost See COST (1)

certificate of discharge

See SATISFACTION PIECE.

charge account

A credit arrangement by which a customer purchases goods and services and pays for them periodically or within a specified time. See CREDIT (4).

charge and discharge.

Equity practice. Court ordered account filings by a plaintiff and a defendant. ( The plaintiff's account (charge) and the defendant's response (discharge) were filed with a master in chancery.

charge and discharge. Equity practice. Court ordered account filings by a plaintiff and a defendant. ( The plaintiff's account (charge) and the defendant's response (discharge) were filed with a maste

charge and specification

Military law, A written description of an alleged offense.

charge conference

A meeting between a trial judge and the parties' attorneys to develop a jury charge.

charge d'affaires

[French "one in charge of affairs"] A diplomat who is the second in command in a diplomatic mission (hence, subordinate to an ambassador or minister). - Also spelled charge des affaires. Pl. charges d'affaires.

charge off

ub. To treat (an account receivable) as a loss or expense because payment is unlikely; to treat as a bad debt. See bad debt under DEBT.

charge sheet

1. A police record showing the names of each person brought into custody, the nature of the accusations, and the identity of the accusers. 2. Military law. A four-part charging instrument containing (1) information about the accused and the witnesses, (2) the charges and specifications, (3) the preferring of charges and their referral to a summary, special, or general court-martial for trial, and (4) for a summary court-martial, the trial record.

charge-back

ub. A bank's deducting of sums it had provisionally credited to a customer's account, occurring usu. when a check deposited in the account has been dishonored. UCC § 4-214.

chargee

1. The holder of a charge on property or of a security on a loan. 2. One charged with a crime.

constructive discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee feels compelled to leave."Most constructive discharges fall into one of two basic fact patterns. First, the employer can cause a constructive discharge by breaching the employee's contract of employment in some manner short of termination. Second, the employer can make working conditions so intol-erable that the employee feels compelled to quit." Mark A. Rothstein et al., Employment Law § 9.7, at 539 (1994).

credit service charge

See SERVICE CHARGE.

criminal charge

See CHARGE (1).

deferred charge

An expense not currently recognized on an income statement but carried forward on the balance sheet as an asset to be written off in the future <insurance premiums are a deferred charge>.

delinquency charge

A charge assessed against a borrower for failing to timely make a payment.

direct charge-off accounting method

See ACCOUNTING METHOD.

discharge

n. 1. The payment of a debt or satisfaction of some other obligation. 2. The release of a debtor from monetary obligations upon adjudication of bankruptcy; RELEASE (1). 3. The dismissal of a case. 4. The canceling or vacating of a court order. 5. The release of a prisoner from confinement. 6. The relieving of a witness, juror, or jury from further responsibilities in a case. 7. The firing of an employee.

discharge hearing

See DISCHARGE HEARING.

discharge in bankruptcy

1. The release of a debtor from personal liability for prebankruptcy debts. 2. A bankruptcy court's decree releasing a debtor from that liability. discharging bond See BOND (2).

dischargeability proceeding

Bankruptcy. A hearing to determine whether a debt is dischargeable or is subject to an exception to discharge. 11 USCA § 523.

dischargeable claim

Bankruptcy. A claim that can be discharged in bankruptcy. discharged contract See void contract under CONTRACT.

discharged contrac

See void contract (2).

dishonorable discharge

The most severe punitive discharge that a court-martial can give to a member of the military. ( A dishonorable discharge may result from conviction for an offense recognized in civilian law as a felony or of a military offense requiring severe punishment. Only a general court-martial can give a dishonorable discharge.

dynamite charge

See ALLEN CHARGE.

finance charge

An additional payment, usu. in the form of interest, paid by a retail buyer for the privilege of purchasing goods or services in installments. ( This phrase is increasingly used as a euphemism for interest. See INTEREST (3).

fixed charge

See fixed cost under COST.

floating charge.

See floating lien under LIEN

general discharge

One of the administrative discharges given to a member of the military who does not qualify for an honorable discharge.

holding charge.

A criminal charge of some minor offense filed to keep the accused in custody while prosecutors take time to build a bigger case and prepare more serious charges.

honorable discharge

A formal final judgment passed by the government on a soldier's entire military record, and an authoritative declaration that he or she has left the service in a status of honor. ( Full veterans' benefits are given only to a person honorably discharged.

honorable discharge.

See DISCHARGE (8).

initiation of charges

Military law. The first report to the proper military authority of an alleged commission of an offense by a person subject to the Uniform Code of Military Justice. Cf. PREFERRING OF CHARGES.

jury charge

1.See JURY INSTRUCTION. 2. A set of jury instructions. - Often shortened to charge.

model jury charge.

See model jury instruction under JURY INSTRUCTION.