Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Admiralty Clause.
The clause of the U.S. Constitution giving the federal courts jurisdiction over maritime cases. U.S. Const. art. III, § 2, cl. 1.
Arbitration clause
a contractual provision mandating arbitration - and thereby avoiding litigation - of disputes about the contracting parties' rights, duties, and liabilities.
Arson clause
an insurance-policy provision that excludes coverage of a loss due to fire if the insured intentionally started the fire.
Assignee clause
a provision of the judiciary act of 1789 that prevented a litigant without diversity of citizenship from assigning a claim to another who did have the required diversity. ( in 1948 the assignee clause was replaced by 28 usca § 1359, which denies federal jurisdiction when a party is improperly or collusively joined, by assignment or otherwise. Merely to invoke jurisdiction.
Assignment-of-rents clause
a mortgage provision. Or separate agreement that entitles the lender to collect rents from the mortgaged premises if the borrower defaults.
Assumption clause
1. A mortgage provision that prohibits another from assuming the mortgage without the permission of the mortgagee. 2. A provision by which the transferee of an instrument agrees to assume an obligation of the transferor.
Attestation clause
A provision at the end of an instrument (esp. A will) that is signed by the instrument's witnesses and that recites the formalities required by the jurisdiction in which the instrument might take effect (such as where the will might be probated). ( the attestation strengthens the presumption that all the statutory requirements for executing the will have been satisfied. Cf. Testimonium clause. Attested copy. See certified copy under copy.
Automatic-adjustment clause
a provision in a utility-rate schedule that allows a public utility to increase its rates without a public hearing or state review, if certain operating costs, such as the price of fuel, increase. Federal energy regulatory comm'n v. Mississippi, 456 u.s. 742, 102 s.ct. 2126 (1982).
Bankruptcy clause
see ipso facto clause.
Basket clause.
see necessary and proper clause.
COB clause
Insurance. A coordination-of-benefits clause, which provides that the total sums paid for medical and hospital care will not exceed the benefits receivable from all combined sources of insurance.
Calvo clause
A contractual clause by which an alien waives his right to invoke diplomatic immunity. ( Such a clause typically appears in a contract between a national government and an alien.
Citizenship Clause
The clause of the U.S. Constitution providing that all persons born or naturalized in the United States are citizens of the United States and the state they reside in. U.S. Const. art. XIV, § 1, cl. 1.
Clause
n. 1. A distinct section or provision of a legal document or instrument. 2. ITEM (3). -clausal, adj.
Coefficient Clause.
See NECESSARY AND PROPER CLAUSE.
Coinage Clause
The provision in the U.S. Constitution (art. I, § 8, cl. 5) granting to Congress the power to coin money.
Comity Clause
The clause of the U.S. Constitution giving citizens of one state the right to all privileges and immunities enjoyed by citizens of the other states. U.S. Const. art. N, § 2, cl. 1. See PRIVILEGES AND IMMUNITIES CLAUSE.
Commander in Chief Clause
The clause of the U.S. Constitution appointing the President as supreme commander of the military. U.S. Const. art. I, § 8, cl. 3.
Commerce Clause
U.S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes.
Compact Clause
U.S. Const. art. I, § 10, cl. 3, which disallows a state .from entering into a contract with another state or a foreign country without congressional approval.
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.
Confrontation Clause
The Sixth Amendment provision guaranteeing a criminal defendant's right to directly confront an accusing witness and to cross-examine that witness.
Contract Clause
See CONTRACTS CLAUSE,
Contracts Clause
The clause of the U.S. Constitution prohibiting states from passing a law that would impair private contractual obligations. ( The Supreme Court has generally interpreted this clause so that states can regulate private contractual obligations if the regulation is reasonable and necessary. U.S. Const. art. I, § 10, cl. 1. - Also termed Contract Clause; Obligation of Contracts Clause.
Copyright Clause
U.S. Const. art. I, § 8, cl. 8, which gives Congress the power to secure to authors the exclusive rights to their writings for a limited time.
Disposing Clause
The clause of the U.S. Constitution giving Congress the power to dispose of property belonging to the federal government. U.S. Const. art. IV, § 3, cl. 2.
Dormant Commerce Clause
See COMMERSCE CLAUSE.
Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause po
Commerce Court. See COURT
Double Jeopardy Clause
The Fifth Amendment provision stating, "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb." ( The amendment was ratified in 1791.
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.
Elastic Clause.
See NECESSARY AND PROPER CLAUSE.
Eminent Domain Clause
The Fifth Amendment provision providing that private property cannot be taken for public use without just compensation.
Emolument Clause
The clause of the U.S. Constitution prohibiting titles of nobility and the acceptance of a gift, title, or other benefit from a foreign power. U.S. Const. art. I, § 9, cl. 8.
Equal Protection Clause
The 14th Amendment provision requiring the states to give similarly situated persons or classes similar treatment under the law. Cf. DUE PROCESS CLAUSE.
Establishment Clause
The First Amendment provision that prohibits the government from creating or favoring a particular religion. U.S. Const. amend. I. Cf. FREE EXERCISE CLAUSE.
Ex Post Facto Clause
One of two clauses in the U.S. Constitution forbidding the enactment of ex post facto laws. U.S. Const. art. I, § 9; art. I, § 10.
Excessive Fines Clause
The clause of the Eighth Amendment to the U.S. Constitution prohibiting the imposition of excessive fines.
Exercise Clause
See FREE EXERCISE CLAUSE,
Export Clause
See IMPORT-Export CLAUSE,
Extradition Clause
The clause of the U.S. Constitution providing that any accused person who flees to another state must, on request of the executive authority of the state where the crime was committed, be returned to that state. U.S. Const. art. IV, § 2, cl. 2.
Faithfully Executed Clause
The clause of the U.S. Constitution providing that the President must take care that the laws are carried out faithfully. U.S. Const. art. II, § 3.
Free Exercise Clause.
The constitutional provision (U.S. Const. amend. I) prohibiting the government from interfering in people's religious practices or forms of worship. - Also termed Exercise Clause. Cf. ESTABLISHMENT CLAUSE. free fishery. See FISHERY (1).
Full Faith and Credit Clause.
U.S. Const. art. IV, § 1, which requires states to give effect to the legislative acts, public records, and judicial decisions of other states. full hearing. See HEARING.
General Welfare Clause
U.S. Const. art. 1, 8, cl. 1, which empowers Congress to levy taxes and pay debts in order to provide for the country's general welfare. ( The Supreme Court has broadly interpreted this clause to allow Congress to create, for example, the social-security system. - Also termed Welfare Clause.
Grand Jury Clause
The clause of the Fifth Amendment to the U.S. Constitution requiring an indictment by a grand jury before a person can be tried for serious offenses.
Himalaya clause.
Maritime law. A provision in a bill of lading extending the carrier's liability limitations under the Carriage of Goods by Sea Act to the carrier's agents and independent contractors. ( This type of clause is usu. strictly construed. See CARRIAGE OF GOODS BY SEA ACT.
Import-Export Clause.
U.S. Const. art. I, § 10, cl. 2, which prohibits states from taxing imports or exports. ( The Supreme Court has liberally interpreted this clause, allowing states to tax imports as long as the tax does not discriminate in favor of domestic goods. - Also termed Export Clause.
Inchmaree clause
(often cap.) Maritime law. An insurance-policy provision that protects against risks not caused by nature, such as a sailor's negligence or a latent defect in machinery. 0 This term is taken from a British ship, the Inchmaree, whose sinking in 1884 gave rise to litigation that led to the clause bearing its name."The most celebrated decision of recent times under the 'general' clause was doubtless Thames & Mersey Marine Ins. Co. v. Hamilton, Fraser & Co., 12 App.Cas. 484 (1887). A pump, insured as part of the machinery of a vessel, clogged through valve failure and was damaged. The House of Lords held this accident arose neither through a 'peril of the sea' nor through a cause ejusdem generis with the enumerated perils .... This was a disquieting decision, for it more than suggested that many costly accidents that might be suffered by the expensive
Jason clause
Maritime law. A bill-of-lading clause requiring contribution in general average even when the loss is the result of the carrier's negligence, for which the carrier is otherwise exempt from liability by statute. ( The clause is named after the Supreme Court case that upheld its enforceability, The Jason, 225 U.S. 32, 32 S.Ct. 560 (1912). See general average under AVERAGE.
Liberty Clause
The Due Process Clause in the 14th Amendment to the U.S. Constitution. See DUE PROCESS CLAUSE.