Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bail common
hist. A fictitious surety filed by a defendant in a (usu. Minor) civil action. - also termed common basil; straw bail.
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.
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.
Common
n. 1. A legal right to use another person's property, such as an easement. See PROFIT A PRENDRE.
Common Bench
Hist. The former name of the English Court of Common Pleas. ( The court was so called because it was the forum for the common people, that is, for cases between two or more subjects when the Crown had no interest. - Abbr. C.B.
Common Market
The European Economic Community. ( Common Market is a colloquial term - not a formal designation.
Common Pleas
Court of. See COURT OF COMMON PLEAS.
Common assurance.
see muniment of title. Further assurance. A covenant contained in a warranty deed whereby the grantor promises to execute any document that might be needed in the future to perfect the title that the original deed purported to transfer.
Common bail
see bail common
Commonable
adj. 1. (Of an animal) allowed to graze on common land. 2. (Of land) that can be held in common.
Commoner
1. BrE. An ordinary citizen; one not a peer. 2. Archaic. A member of the House of Commons. 3. Archaic. A common lawyer. 4. Archaic. A person having a right of common -that is, a right to pasture on a lord's land. 5. A person who shares a right in common.
Commonwealth
1. A nation, state, or other political unit <the Commonwealth of Pennsylvania>. 2. A political unit that has local autonomy but is voluntarily united with the United States <Puerto Rico and the Northern Mariana Islands are commonwealths>. Cf. DEPENDENCE'; TERRITORY. 3. A loose association of countries that recognize one sovereign <the British Commonwealth>. ( In this context, in Great Britain, the term British has been dropped from British Commonwealth; BrE speakers refer simply to the Commonwealth. - Abbr. Commw; comm. 4. The central (federal) power in Australia. - Abbr. (in sense 4) Cwth.
Court of Common Pleas
1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). ( The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it merged into the Queen's Bench Division. 2. An intermediatelevel court in some states, such as Arkansas. 3. A trial court of general jurisdiction in some states, such as Ohio, Pennsylvania, and South Carolina. - Also termed Court of Common Bench. - Abbr. C.P. "Common pleas is the kings Court now held in W estminster hall, but in auncient time moveable, as appeareth by the statute called Magna charta .... [U]ntill the time that Henry the third granted the great charter, there were but two courts in all, called the Kings courts: whereof one was the Exchequer, and the other, the kings bench, which was then called (curia Domini regis) and (aula regis) because it followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and setled in one place certaine: viz. at Westminster .... All civill causes both reall and personall are, or were in former times, tryed in this court, according to the strict laws of the realms: and by Fortescue, cap. 50 it seemeth to have bene the onely court for reall causes." John Cowell, The Interpreter (1607).
House of Commons.
The lower chamber of the British and Canadian parliaments. - Abbr. H.C.
Le ley de Dieu et ley de terre sont tout un, et Pun et Z'autre preferre et favour le common et publique bien del terre
The law of God and the law of the land are all one; and both promote and favor the common and public good of the land.
Master at Common Law
An officer of an English superior court of common law, appointed to record court proceedings, supervise the issuance of writs, and receive and account for fees paid into the court.
cash flow per common share
The cash flow from operations minus preferred stock dividends, divided by the number of outstanding common shares.
common and notorious thief
See common thief under THIEF.
common appendant
Hist. A tenant's right to graze animals on the landowner's land as a result of longstanding practice.
common appurtenant
See COMMON.
common area
1. Landlord-tenant law. The realty that all tenants may use though the landlord retains control and responsibility over it. 2. An area owned and used in common by the residents of a condominium, subdivision, or planned-unit development. - Also termed common elements.
common assumpsit
See general assumpsit under ASSUMPSIT.
common assurance
See MUNIMENT OF TITLE.
common at large
See common in gross under COMMON.
common bail
See bail common under BAIL (3).
common bar
See BLANK BAR.
common business purpose
Related activity by two or more associated businesses. ( If one of the businesses comes within the jurisdiction of the Fair Labor Standards Act, then another business that shares a common business purpose will also.
common calling
1. An ordinary occupation that a citizen has a right to pursue under the Privileges and Immunities Clause. 2. A commercial enterprise that offers services to the general public, with a legal duty to serve anyone who requests the services. "It was only in a very few cases indeed that a person was under a legal obligation to enter into a contract; virtually the only example of such an obligation in fact was the person exercising a 'common calling' such as the innkeeper and the common carrier who were (subject to certain safeguards) legally bound to contract with any member of the public who required their services." P.S. Atiyah, An Introduction to the Law of Contract 8 (3d ed. 1981).
common carrier
A carrier that is required by law to transport passengers or freight, without refusal, if the approved fare or charge is paid. - Also termed public carrier."[A] 'common carrier' is bound to take all goods of the kind which he usually carries, unless his conveyance is full, or the goods be specially dangerous; but may charge different rates to different customers." Thomas E. Holland, The Elements of Jurisprudence 299(13th ed 1924)
common cause
See common plea under PLEA (3).
common chase
A chase in which everyone is entitled to hunt.
common cost
See indirect cost under COST.
common council
1.In some cities, the lower branch of a city council. 2. In some cities, the city's governing board.
common count
See COUNT.
common court
See COURT.
common day
In England, an ordinary court day.
common descriptive name
See GENERIC NAME.
common design
1. The intention by two or more people to join in committing an unlawful act. 2. An intention to commit more than one crime. 3. The general design or layout of plots of land surrounding a particular tract. - Also termed common scheme; common plan. See ZONING.
common disaster
An event that causes two or more persons with related property interests (such as an insured and the beneficiary) to die at very nearly the same time, with no way to tell who died first. See SIMULTANEOUS-DEATH ACT.
common duty of care
A landowner's obligation to take reasonable care under the circumstances to see that a lawful visitor will be reasonably safe in using the premises for the purposes for which the visitor is permitted to be there.
common easement
An easement allowing the servient landowner to share in the benefit of the easement. - Also termed nonexclusive easement.
common elements
See COMMON AREA (2).
common enterprise
See JOINT ENTERPRISE.
common error
Copyright. A mistake found both in a copyrighted work and in an alleged infringing work, the mistake being persuasive evidence of unauthorized copying.
common fine
A sum of money due from a tenant to a lord to defray the cost of a court leet or to allow the litigants to try the action closer to home. - Also termed head-silver. 5. A pecuniary criminal punishment or civil penalty payable to the public treasury. - fine, vb.
common fishery
See FISHERY (2).
common heritage of mankind
Int'Z law. The parts of the earth and cosmos that can be said to belong to human posterity, without regard for geographic location. ( The term embraces the ocean floor and its subsoil, and outer space. - Also termed common heritage of humankind.
common highway
See HIGHWAY.
common highway.
A highway for use by the public for any purpose of transit or traffic.
common in gross
Hist. A right to graze animals on another's land as a result of a written grant unrelated to ownership or occu-pancy of land. - Also termed common at large.