Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A communi observantia non est recedendum
There should be no departure from common observance (or usage).
Accompany
To go along with (another); to attend. * In automobile-accident cases, an unlicensed driver is not considered accompanied by a licensed driver unless the latter is close enough to supervise and help the former.
Accomplice
A person who is i n any way concerned with another in the commission of a crime, whether as a principal i n the first or second degree or as an accessory. e Although the definition includes an accessory before the fact, not all authorities include an accessory after the fact. 'I'liere is some authority for using the word 'accomplice to include all principals and all accessories, but the preferred usage is to include all principals and accesso rie•< before the f.ict. but to exclude accessories after the fact. Ii thi, hinitation is adopted, the word 'accomplice' will embrace all perpetrators, abettors and inciters" Rollin M. Perkins & Ronald N. Boyce, Criminal Law 727 (3d ed. 1982)."A person is an accomplice' of another in i ommitting a crime if, with the intent to proinote or facilitate the commission of the crime, lie solicits, requests, or commands the other person to commit it, or aids the other person in planning or committing it." 1 Charles E
Actus servi, in its quibus opera ejus communiter adhibita est, actus domini habetur
The act of a servant in those things in which he is usually employed is considered the act of his master.
Annus inceptus pro completo habetur.
A year begun is held as completed. & Said to be of very limited application.
Assault with intent to commit rape
see assault.
Assault with intent to commit rape1
An assault carried out with the additional criminal purpose of intending to rape the victim. - also termed assault to rape.
Assessment company
an association that fers its members life insurance, and then :pays for death losses by levying an assessment the surviving members of the association
Assignment of income
see assignment of wages under assignment (2).
Authorized committee
see special litigation committee.
Auxilium vice comiti
n. [latin] hist. An ancient tax paid to sheriffs.
BI. Com
Blackstone, William. Commentaries on the Laws of England. 4 vols. Reprinted Chicago and London: University of Chicago Press, 1979. From the 1st ed. Oxford: Clarendon Press 1765-1769.
Bail common
hist. A fictitious surety filed by a defendant in a (usu. Minor) civil action. - also termed common basil; straw bail.
Bank holding company
a company that owns or controls one or more banks. 0 ownership or control of 25 percent is usu. Enough for this purpose. - abbr. Bhc.
Baratriam committit qui propter pecuniam justitiam baractat
A person is guilty of barratry who sells justice for money.
Casus omissus et oblivioni datus dispositions communis juris relinquitur
A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law.
Chacea est ad communem legem
A chase (or hunting ground) exists by common law.
Chairman of Committees of the Whole House
The member of Parliament who presides over the House of Commons when it is sitting in committee.
Chief Justice of the Common Pleas
Hist. Formerly, the presiding judge in the Court of Common Pleas. 0 The Judicature Act of 1875 merged the Common Pleas Division into the Queen's Bench Division, at which time the Lord Chief Justice assumed the office of the Chief Justice of the Common Pleas. Cf. LORD CHIEF JUSTICE OF ENGLAND.
Civil Service Commission
A defunct federal board created in 1883 to ensure that civilservice employees are hired on the basis of merit rather than personal preference or political considerations. ( In 1978, the Commission's functions were split between the Office of Personnel Management and the Merit Systems Protection Board.
Clausula generalis de residuo non ea complectitur quae non ejusdem sint generis cum its quae speciatim dicta fuerant
A general clause of remainder does not embrace those things that are not of the same kind as those that had been specially mentioned.
Clerk of the House of Commons
English law. An officer of the House of Commons who keeps the House journal, signs orders, indorses bills sent to the House of Lords, and has custody of all records. ( The Clerk is appointed for life by the Crown.
Code de commerce
A codification of French commercial law, enacted in 1807, dealing with commercial transactions, bankruptcy, and the jurisdiction and procedure of the courts handling these subjects. ( This code supplemented the Code Napoleon. See NA-POLEONIC CODE.
Com
abbr. 1. COMPANY. 2. COMMONWEALTH.
Comaker
One who participates jointly in borrowing money on a promissory note; esp., one who acts as surety under a note if the maker defaults. - Also termed cosigner. Cf MAKER.
Combination
1. An alliance of individuals or corporations working together to accomplish a common (usu. economic) goal. See COMBINATION IN RESTRAINT OF TRADE. 2. CONSPIRACY. 3. Patents. A union of elements that may be partly old and partly new. ( The term encompasses not only a combination of mechanical elements but also a combination of substances in a composition claim or steps in a process claim. 4. STRADDLE.
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.
Command
1. An order; a directive. 2. In legal positivism, the sovereign's express desire that a person act or refrain from acting a certain way, combined with the threat of punishment for failure to comply."Commands are orders backed by threats. It is in virtue of threatened evils, sanctions, that expressions of desire not only constitute commands but also impose an obligation or duty to act in the prescribed ways." Martin P. Golding, Philosophy of Law 26 (1975).
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.
Commencement
See INTRODUCTORY CLAUSE.
Commenda, est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate
A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.
Commendation
Hist. The act of becoming a lord's feudal tenant to receive the lord's protection.
Comment
n. 1. NOTE (2). 2. An explanatory statement made by the drafters of a particular statute, code section, or rule. - commentator, n.
Commentators
See POSTGLOSSATORS.
Commenter
One who comments; esp., one who sends comments to an agency about a proposed administrative rule or regulation. See NOTICEAND-COMMENT PERIOD.
Commerce
The exchange of goods and services, esp. on a large scale involving transportation between cities, states, and nations.
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.
Commerce Court
Hist. A federal court having the power to review and enforce determinations of the Interstate Commerce Commission. ( The Commerce Court existed from 1910 to 1913.
Commercial assets
the aggregate of available property, stock in trade, cash, and other assets belonging to a merchant.
Commercial bank
a bank authorized to receive both demand and time deposits, to engage in trust services, to issue letters of credit, to rent time-deposit boxes, and to provide similar services.
Commercium jure gentium commune esse debet et non in monopolium et privatum paucorum quaestum convertendum
Commerce, by the law of nations, ought to be common and not converted into a monopoly and the private gain of a few.
Comminatorium
[Latin comminari "threaten"] Hist. A clause often included at the end of a writ, admonishing the sheriff to be faithful in the writ's execution.
Commingle
ub. See COMMINGLE,
Commission
n. 1. A warrant or authority, from the government or a court, that empowers the person named to execute official acts <the student received his commission to the U.S. Navy after graduation>. 2. The authority under which a person transacts business for another <the client gave her attorney express commission to sign the contract>. 3. A body of persons acting under lawful authority to perform certain public services <the Federal Communications Commission>.
Commission of Gaol Delivery
Hist. A royal appointment authorizing a judge to go on the assize circuit and hear all criminal cases of those held in county jails. See JAIL DELIVERY. Cf COMMISSION OF OYER AND TERMINER.
Commission of Oyer and Terminer
[Law French oyer et terminer "to hear and determine"] Hist. A royal appointment authorizing a judge (often a serjeant-at-law) to go on the assize circuit and hear felony and treason cases. Cf COMMISSION OF GAOL DELIVERY; COURT OF OYER AND TERMINER."[U]nder the commission of Oyer and Terminer, as the judges are directed to inquire as well as to hear and determine the same, they can only proceed upon an indictment found at the same assize, and before themselves; for they must first inquire by means of the grand jury or inquest, before they are empowered to hear and determine by the intervention of the petit jury." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 142 (2d ed. 1826).
Commitment
n. 1. An agreement to do something in the future, esp. to assume a financial obligation <the shipper had a firm commitment. 2. The act of entrusting or giving in charge <commitment of money to the bank>. 3. The act of confining a person in a prison, mental hospital, or other institution <commitment of the felon to prison >. 4. The order directing an officer to take a person to a penal or mental institution; MITTIMUS <the judge signed the commitment after ruling that it was in the best interest of the troubled teen>.
Commodity
1. An article of trade or commerce. The term embraces only tangible goods, such as products or merchandise, as distinguished from services. 2. An economic good, esp. a raw material or an agricultural product.
Commodity Credit Corporation
A federal agency that, through loan subsidies and loan purchases, supports prices of agricultural products to help sell the products in domestic and foreign markets. - Abbr. CCC.
Commodity Futures Trading Commission
A federal agency that supervises the trading of commodity futures and commodity options. -Abbr. CFTC.