Legal Dictionary of Pakistan

Acuudicative-claims arbitration

arbitration designed to resolve matters usu. Handled by courts (such as a tort claim), in contrast to arbitration of labor issues, international trade, and other fields traditionally associated with arbitration.

Claim

n. 1. The aggregate of operative facts giving rise to a right enforceable by a court <the plane crash led to dozens of wrongful-death claims>. 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional <the spouse's claim to half of the lottery winnings >. 3. A demand for money or property to which one asserts a right <an insurance claim>.

Claimant

n. One who asserts a right or demand, esp. formally.

Claims Court

U.S. See UNITED STATES COURT OF FEDERAL CLAIMS. claims-made policy See INSURANCE POLICY. See INSURANCE POLICY.

Conventionalism makes two postinterpretiN, claims.

The first is positive: that judges must respect t' e established legal conventions of their community excel in rare circumstances. It insists, in other words, tlw they must treat as law what convention stipulates c law. Since convention in Britain establishes that acts Parliament are law, a British judge must enforce eve: acts of Parliament he considers unfair or unwise. The positive part of conventionalism most plainly corn sponds to the popular slogan that judges should follo, the law and not make new law in its place. The secon, claim, which is at least equally important, is negative. declares that there is no law - no right flowing frou, past political decisions - apart from the law drawn fro those decisions by techniques that are the

Counterclaim

See COUNTERCLAIM. cross-claim. See CROSS-CLAIM.

Court of Federal Claims, U.S

See UNITED STATES COURT OF FEDERAL CLAIMS.

Court of Private Land Claims

Hist. A federal court - in existence from 1891 to 1895 - with jurisdiction to hear private parties' claims to public-domain land located in the southwestern part of the United States and deriving from Spanish or Mexican grants.

Disclaimer

n. 1. A renunciation of one's legal right or claim. 2. A repudiation of another's legal right or claim. 3. A writing that contains such a renunciation or repudiation. - disclaim, ub.

False Claims Act

A federal statute establishing civil and criminal penalties against persons who bill the government falsely, deliver less to the government than represented, or use a fake record to decrease an obligation to the government. 18 USCA §§ 286-287; 31 USCA §§ 3729-3733. ( The Act may be enforced either by the attorney general or by a private person in a qui tam action.

Federal Claims, U.S. Court of

See UNITED STATES COURT OF FEDERAL CLAIMS.

Federal Tort Claims Act

A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only if the law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA §§ 2671-2680 - Abbr. FTCA. See sovereign immunity under IMMUNITY. "Although it has been suggested that the maxim, 'the King can do no wrong' never had an existence in the United States, it has also been declared that in enacting the Federal Tort Claims Act, Congress recognized the manifold injustice that springs from the delimiting effect of the rule represented by that maxim. And it is said that in passing the Act, Congress intended to compensate the victims of negligence in the conduct of governmental activities in circumstances in which a private person would be liable, rather than leave just treatment to the caprice and legislative burden of individual private laws, and to eliminate the burden on Congress of investigating and passing on private bills seeking individual relief" 35 Am. Jur. 2d Federal Tort Claims Act § 1, at 296 (1967).

Indian Claims Commission

A federal agency - dissolved in 1978 - that adjudicated claims brought by American Indians, a tribe, or another identifiable group of Indians against the United States. ( The U.S. Court of Federal Claims currently hears these claims.

L-Claim proceeding

Under the Racketeer Influenced and Corrupt Organizations Act, a hearing that is connected with a criminal proceeding, and that is intended to ensure that property ordered to be forfeited belongs to the defendant. ( A petition for an L-Claim proceeding is filed by someone other than the defendant who claims an interest in property that has been ordered to be forfeited. The proceeding's purpose is not to divide the defendant's estate among competing claimants, and general creditors of the defendant should not be allowed to maintain an L-Claim petition. To succeed, an L-Claim petitioner must be able to show an interest in a specific asset that has been ordered forfeited. The proceeding is referred to as an IrClaim proceeding because its legal basis is subsection "l" of RICO's penalty provision. 18 USCA § 1963(Z)(2).

Lackey claim

A prisoner's assertion that incarceration on death row for a protracted period is cruel and unusual punishment. Lackey u. Texas, 514 U.S. 1045, 115 S.Ct. 1421 (1995) (denying cert.).

Nonclaim

A person's failure to pursue a right within the legal time limit, resulting in that person's being barred from asserting the right. See STATUTE OF LIMITATIONS. nonclaim statute See STATUTE.

Proclaim

vb. To declare formally or officially

Supplemental Rules for Certain Maritime and Admiralty Claims

See MARITIME JURISDICTION.

United States Claims Court

See UNITED STATES COURT OF FEDERAL CLAIMS.

United States Court of Federal Claims

A specialized federal court created under Article I of the Constitution in 1982 (with the name United States Claims Court) as the successor to the Court of Claims, and renamed in 1992 as the United States Court of Federal Claims. ( It has original, nationwide jurisdiction to render a money judgment on any claim against the United States founded on the Constitution, a federal statute, a federal regulation, an express or implied-in-fact contract with the United States, or any other claim for damages not sounding in tort. - Also termed Court of Claims (abbr. Cl. Ct)

adjudicative-claims arbitration.

See ARBITRATION.

ancillary claim

a claim that is collateral to, dependent on, or auxiliary to another claim, such as a state-law claim that is sufficiently related to a federal claim to permit federal jurisdiction over it. ( the concept of ancillary federal jurisdiction is now contained in the supplemental jurisdiction statute, 28 usca § 1367. see ancillary jurisdiction and supplemental jurisdiction under jurisdiction.

and workers'-compensation claims arising out of commerce on or over water. - Also termed (in senses 2 & 3) admiralty law. - admiralty, adj.

antecedent claim

a preexisting claim. ( under the ucc, a holder takes an instrument for value if it is taken for an antecedent claim. ucc § 3-303

claim and delivery

A claim for the recovery of specific personal property wrongfully taken or detained, as well as for any damages caused by the taking or detention. ( This claim derives from the common-law action of replevin.

claim check

A receipt obtained for bailed or checked property and surrendered by the holder when the bailee returns the property.

claim dilution

Bankruptcy. The reduction in the likelihood that a debtor's claimants will be fully repaid, including considerations of the time value of money.

claim for relief

The part of a complaint in a civil action specifying what relief the plaintiff asks of the court.

claim in equity

Hist. A summary proceeding created to eliminate protracted pleading procedure in simple cases. ( The claim in equity was established in England in 1850 and abolished in 1860.

claim jumping

1. The extension of the borders of a mining claim to infringe on other areas or claims. 2. The filing of a duplicate claim to take advantage of a flaw in the original claim.

claim of appeal

See NOTICE OF APPEAL

claim of cognizance

Hist. An intervention seeking the return of a case to the claimant's own court. 0 Cognizance may be claimed by a person, city, or public corporation granted the right to hold court. - Also termed claim of conusance. See COGNIZANCE; CONUSANCE.

claim of conusance

See CLAIM OF COGNIZANCE.

claim of liberty

Hist. A petition to the Crown, filed in the Court of Exchequer, seeking the Attorney General's confirmation of liberties and franchises.

claim of ownership

1. The possession of a piece of property with the intention of claiming it in hostility to the true owner. 2. A party's manifest intention to take over land, regardless of title or right. - Also termed claim of right; claim of title.

claim of right

Hist. A criminal plea, usu. to a theft charge, by a defendant asserting that the property was taken under the honest (but mistaken) belief that the defendant had a superior right to the property. 0 The claim of right could ' to be raised in defense against bigamy if a fendant honestly believed that an earlier marriage had been legally dissolved. It has been superseded by a defense of honesty.

claim of title

See CLAIM OF OWNERSHIP.

claim preclusion

See RES JUDICATA."[T]he principal distinction between claim preclusion and issue preclusion is ... that the former forecloses litigation of matters that have never been litigated. This makes it important to know the dimensions of the claim' that is foreclosed by bringing the first action, but unfortunately no precise definition is possible." Charles Alan Wright, The Law of Federal Courts § 100A, at 723 (5th ed. 1994).

claim property bond.

See replevin bond.

claim-of-right doctrine

Tax. The rule that any income constructively received must be reported as income, whether or not the taxpayer has an unrestricted claim to it

claim-property bond

See replevin bond under BOND (2).

claims adjuster

See ADJUSTER.

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

claims-made policy

An agreement to indemnify against all claims made during a specified period, regardless of when the incidents that gave rise to the claims occurred. -Also termed discovery policy.

colorable claim

1. A claim that is legitimate and that may reasonably be asserted. given the facts presented and the current law (or a reasonable and logical extension or modification of the current law). 2. A claim in which the debtor and property holder are, its a tnatter of law, not adverse. one example of a colorable claim is one made by a person holding property as an agent or bailee of the bankrupt.

commercial tort claim.

A claim arising in tort when the claimant is either (1) an organization, or (2) an individual whose claim arose in the course of the claimant's business or profession, and the claim does not include damages arising out of personal injury or death. UCC § 9-102(a)(10).

compulsory counterclaim

A counterclaim that must be asserted to be cognizable, usu. because it relates to the opposing party's claim and arises out of the same subject matter. o If a defendant fails to assert a compulsory counterclaim in the original action, that claim may not be brought in a later, separate action (with some exceptions).

contingent claim

A claim that has not yet accrued and is dependent on some future event that may never happen.

continual claim

Hist. A formal claim to a tract of land made by an out-of-possession owner who is deterred from taking possession by a menace of some type. ( The claim - called continual because it had to be renewed annually - preserved the claimant's right to the land. The owner had to make the claim as near to the land as could be done safely. This procedure gave the disseised person the same benefits (such as the right to devise the land) as a legal entry. The continual claim was abolished early in the 19th century."Continual claim is, where a man bath right to enter into certain lands whereof another is seised in fee, or fee tail, and dares not enter for fear of death or beating, but approaches as nigh as he dares, and makes claim thereto within the year and day before the death of him that bath the lands ...." Termes de la Ley 114 (1st Am. ed. 1812).

court of claims

A court with the authority to hear claims made against a state (or its political subdivision) for cases in which the state has waived sovereign immunity. - Also termed claims court.