Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
City
1. A municipal corporation, usu. headed by a mayor and governed by a city council. 2. The territory within a city's corporate limits. 3. Collectively, the people who live within this territory. Cf. TOWN.
City attorney
An attorney employed by a city to advise it and represent it in legal matters. -Also termed municipal attorney; city counsel; corporation counsel; city solicitor.There may have been a time in this country when the function of the City Attorney of the average city consisted mainly of advising the Council, preparing an occasional ordinance or handling an infrequent lawsuit. The legal business of the average city is no longer so simple, so infrequent and so non consuming of the time of the City Attorney. Every action of the City must be justified by its legal powers, and the City Attorney is the municipal officer whose responsibility it is to decide whether any act or action is within the city's legal powers. The demands of citizens for augmented municipal services, and the resulting diversification of city operations have increased the volume of work to the point where the City Attorney, in many cities, has become a central consultant of the city off
Incapacity
1. Lack of physical or mental capabilities. 2. Lack of ability to have certain legal consequences attach to one's actions. 0 For example, a five-year-old has an incapacity to make a binding contract. 3. DISABILITY (1). 4. DISABILITY (2). Cf. INCOMPETENCY.
Marine Court in the City of New York
The New York City court, originally created to resolve seamen's disputes, that was the predecessor of the City Court of New York. marine insurance See INSURANCE.
Mendacity
n. 1. The quality of being untruthful. 2. A lie; falsehood. - mendacious(men-day=shas)
Specificity
n. - specifically, adv.
age of capacity
the age, usu. defined by statute as 18 years, at which a person is legally capable of agreeing to a contract, executing a will, maintaining a lawsuit, or the like. - also termed age of majority; legal age; lawful age. see capacity.
caducity
n. The lapse of a testamentary gift < the testator failed to provide a contingency for the caducity of the legacy.
capacity defense
A defense based on the defendant's inability to be held accountable for an illegal act or the plaintiff's inability to prosecute a lawsuit (as when the plaintiff was a corporation, but has lost its corporate charter). See CAPACITY.
capacity defense.
See DEFENSE
capacity to sue.
See CAPACITY (2)
capacity.
1. The role in which one performs an act <in her corporate capacity>.
city clerk
See CLERK (1).
city council
A city's legislative body, usu. responsible for passing ordinances, levying taxes, appropriating funds, and generally administering city government. - Also termed (in some states) board o f aldermen.
city counsel
See CITY ATTORNEY.
city court
See municipal court under COURT
city judge
See municipal judge.
city solicitor
See CITY ATTORNEY. Civ. Ct. See civil court under COURT.
complicity
n. Association or participation in a criminal act; the act or state of being an accomplice. -
criminal capacity
The mental ability that a person must possess to be held accountable for a crime; the ability to understand right from wrong. See INSANITY; INFANCY.
cross-elasticity of demand
Antitrust. A relationship between two products, usu. substitutes for each other, in which a price change for one product affects the price of the other.
diminished capacity
See CAPACITY (3;
diminished capacity.
An impaired mental condition - short of insanity - that is caused by intoxication, trauma, or disease and that prevents the person from having the mental state necessary to be held responsible for a crime. ( In some jurisdictions, a defendant's diminished capacity can be used to determine the degree of the offense or the severity of the punishment. - Also termed diminished responsibility. Cf. INSANITY.
disposing capacity
See testamentary capacity under CAPACITY (3).
dual-capacity doctrine
The principle that makes an employer - who is normally shielded from tort liability by workers'-compensation laws - liable in tort to an employee if the employer and employee stand in a secondary relationship that confers independent obligation on the employer CF DUAL PURPOSE DOCTRINE
duplicity
n. 1. Deceitfulness; double-dealing. 2. The pleading of two or more distinct grounds of complaint or defense for the same issue. 0 In criminal law, this takes the form of joining two or more offenses in the same count of an indictment. - Also termed double pleading. Cf. alternative pleading under PLEADING (2); double plea under PLEA (3).
earning capacity
A person's ability or power to earn money, given the person's talent, skills, training, and experience. s Earning capacity is one element considered when measuring the damages recoverable in a personal-injury lawsuit. And in family law, earning capacity is considered when awarding child support and spousal maintenance (or alimony) and in dividing property between spouses upon divorce. -Also termed earning power. See LOST EARNING CAPACITY.
free city.
Int'l law. A country-like political and territorial entity that, although independent in principle, does not have the full capacity to act according to general international law but is nevertheless a subject of international law.
freedom of the city
Hist. An immunity or privilege from some burden, esp. from county jurisdiction and its privilege of municipal taxation and self-government, held under a royal charter.
limited-capacity well
See WELL.
lost earning capacity
A person's diminished earning power resulting from an injury. * This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. "To some extent the phrases loss of earnings' and loss of earning capacity' are used interchangeably. But the preferred view is that they are different concepts. The former covers real loss which can be proved at the trial; the latter covers loss of the chances of getting equivalent work in the future."
mental capacity
See CAPACITY (3).
multiplicity
, n. Criminal procedure. The improper charging of the same offense in several counts of the indictment or information. 0 Multiplicity violates the constitutional protection against double jeopardy. -multiplicitous (mal-ta-plis-i-tas), adj.
multiplicity of actions
The existence of two or more lawsuits litigating the same issue against the same defendant. - Also termed multiplicity of suits; multiplicity of proceedings. See PIECEMEAL LITIGATION.
physical incapacity
See IMPOTENCE.
prejudicial publicity
Extensive media attention devoted to an upcoming civil or criminal trial. ( Under the Due Process Clause, exten- sive coverage of a criminal trial may deprive the defendant of a fair trial.
proprietary capacity
See CAPACITY (1)
proprietary capacity.
The capacity of a city or town when it engages in a business-like venture rather than a governmental function. See PROPRIETARY FUNCTION. 2. A legal qualification, such as legal age, that determines one's ability to sue or be sued, to enter into a binding contract, and the like < she had full capacity to bind the corporation with her signature>. ( Unless necessary to show the court's jurisdiction, a plaintiff's pleadings need not assert the legal capacity of any party. A party wishing to raise the issue of capacity must do so by specific negative pleading. Fed. R. Civ. P. 9(a). - Also termed (specif.) capacity to sue. See STANDING. 3. The mental ability to understand the nature and effect of one's acts <his acute pain reduced his capacity to understand the hospital's admission form>. - Also termed mental capacity. See COMPETENCY.
reciprocity
1. Mutual or bilateral action <the Arthurs stopped receiving social invitations from friends because of their it lack of reciprocity>. 2. The mutual concession of advantages or privileges for purposes of commercial or diplomatic relations <Texas and Louisiana grant reciprocity to each other's citizens in qualifying for in-state tuition rates,
representative capacity
The position of one standing or acting for another, esp. through delegated authority <an agent acting in a representative capacity for the principal>.
right of publicity
he right to control the use of one's own name, picture, or likeness and to prevent another from using it for commercial benefit without one's consent.
substantial-capacity test
Criminal law. The Model Penal Code's test for the insanity defense, stating that a person is not criminally responsible for an act if, as a result of a mental disease or defect, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the law. ( This test combines elements of both the McNaghten rules and the irresistible-impulse test by allowing consideration of both volitional and cognitive weaknesses. This test was formerly used by the federal courts and many states, but since 1984 many jurisdictions (including the federal courts) - in response to the acquittal by reason of insanity of would-be presidential assassin John Hinckley - have narrowed the insanity defense and adopted a new test resembling the McNaghten rules, although portions of the substantial-capacity test continue to be used. Model Penal Code ยง 4.01 (1997). - Also termed Model Penal Code test; MPC test; American Law Institute test; ALI test. See INSANITY DEFENSE.
testamentary capacity
The mental ability a person must have to prepare a valid will. ( This capacity is often described as the ability to recognize the natural objects of one's bounty, the nature and extent of one's estate, and the fact that one is making a plan to dispose of the estate after death. - Also termed disposing capacity.
testimonial incapacity
See INCAPACITY.
testimonial incapacity.
The lack of capacity to testify.
veracity
, n. 1. Truthfulness <the witness's fraud conviction supports the defense's challenge to his veracity>. 2. Accuracy <you called into question the veracity of Murphy's affidavit>. - veracious (va-ray-shas), adj.