Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Ad vim majorem vel ad casus fortuitos non tenetur quis, nisi sua culpa intervenerit

No one is held to answer for the effects of superior force or accidents, unless his own fault has contributed.

Culpa

[Latin] Roman & civil law. Fault, neglect, or negligence; unintentional wrong. See NEGLIGENCE. Cf. CASUS; DOLUS.

Culpa caret qui scit sed prohibere non potest

A person is free of blame who knows but cannot prevent.

Culpa est immiscere se rei ad se non pertinenti

It is a fault for anyone to meddle in a matter not pertaining to him.

Culpa lata dolo aequiparatur

Gross negligence is equivalent to fraud.

Culpa tenet (teneat) suos auctores

A fault binds (or should bind) its own authors.

Culpabilis

adj. [Latin] Hist. Guilty.cepts of Culpability and Deathworthiness, 66 Fordham L. Rev. 21, 35--36 (1997).

Culpability

n. Blameworthiness; the quality of being culpable. ( Except in cases of absolute liability, criminal culpability requires a showing that the person acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense. "The concept of culpability is used as a reference point to assess the defendant's guilt and punishment even though, in the two contexts, culpability denotes different aspects of the defendant and the murder. At the guilt phase, culpability is most often used to refer to the state of mind that the defendant must possess. Also at the guilt phase, culpability may reflect a broader judgment about the defendant: when he is culpable for his conduct, it means that he is blameworthy and deserves punishment. At the punishment phase, the concept of culpability stands as the benchmark for when the death penalty is an appropriate punishment." Phyllis L. Crocker, Con-

Culpable

adj. 1. Guilty; blameworthy. 2. Involving the breach of a duty.

Culpae poena par esto

Let the punishment be equal to the crime.

FUus nulla culpa est cui parere necesse sit

No guilt attaches to a person who is compelled to obey.

Ignorare legis est lata culpa

To be ignorant of the law is gross neglect of it.

Imperitia culpae annumeratur.

Unskillfulness is considered a fault (as blamable conduct or neglect).

Lata culpa dolo aequiparatur

Gross negligence is equivalent to fraud.

Magna culpa dolus est. Great fault

is equivalent to fraud.

Magna negligentia culpa est; magna culpQ dolus est

Great negligence is fault; great fault is fraud.

Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit

A person adds one offense to another, who, .when he commits a crime, joins to it the protection of a defense.

Poena non potest, culpa perennis erit

Punishment cannot be, guilt will be, perpetual.

Poena tolli potest, culpa perennis erit

The punishment can be removed, but the guilt will be perpetual.

Quae sunt minoris culpae sunt majoris infamiae

Offenses that are of lesser guilt are of greater infamy.

Quidquid enim sive dolo et culpa venditoris accidit in eo venditor securus est

For concerning anything that occurs without deceit and guilt on the part of the vendor, the vendor is secure.

Quod quis ex culpa sua damnum sentit, non intelligitur damnum sentire

The damage that any person suffers by his own fault he is not considered to suffer as damage. Dig. 50.17.203.

Quod remedio destituitur ipsa re valet si culpa absit

What is without a remedy is by that very fact valid if there is no fault.

Ubi culpa est, ibi poena subesse debet

Where the fault is, there the punishment should be imposed.

Vim vi repellere licet, modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propulsandam injuriam

It is lawful to repel force by force; but let it be done with the self-control of blameless defense not to take revenge, but to repel injury.

ad culpam

adu. [Law Latin] Until misconduct.

ad vitam aut culpam ,

adj. [law latin] for life or until misbehavior. ( this phrase described a tenure of office.

culpa lata

See lata culpa under CULPA.

culpa levis

See levis culpa under CULPA.

culpa levissima

See levissima culpa under CULPA.

culpa-in-contrahendo doctrine

[Law Latin "fault in contracting"] The principle that parties must act in good faith during preliminary contract negotiations; esp., the principle that a breach by the offeror after the offeree has begun performance of a unilateral contract and is stopped by the offeror before completion will give rise to liability in tort.

culpable accident

An accident due to negligence. A culpable accident, unlike an unavoidable accident, is no defense except in those few cases in which wrongful intent is the exclusive and necessary basis for liability.

culpable intoadcation

See voluntary intoxication under INTOXICATION.

culpable intoxication.

See voluntary intoxication.

culpable neglect

See NEGLECT.

culpable neglect.

Censurable or blameworthy neglect; neglect that is less than gross carelessness but more than the failure to use ordinary care.

culpable negligence

See NEGLIGENCE.

de rien culpable

[Law French] Guilty of nothing; not guilty.

exculpate

ub. To free from blame or accusation. - exculpation (ek-skal-pay-shan)n.exculpatory (ekskal-pa-tor-ee), adj. Cf EXONERATE (1).

exculpatory clause

A contractual provision relieving a party from any liability resulting from a negligent or wrongful act. See EXEMPTION CLAUSE.

exculpatory evidence

Evidence tending to establish a criminal defendant's innocence. ( The prosecution has a duty to disclose exculpatory evidence in its possession or control when the evidence may be material to the outcome of the case.

exculpatory-no doctrine

Criminal law. The principle that a person cannot be charged with making a false statement for falsely denying guilt in response to an investigator's question. ( This principle is based on the Fifth Amendment's privilege against self-incrimination.

inculpatae tutelae moderatao

See MIDERAMEN INCULPATAE TUTELAE.

inculpate

ub. 1. To accuse. 2. To implicate (oneself or another) in a crime or other wrongdoing; INCRIMINATE. -inculpation, n. - inculpatory (in-kal-pa-toree), adJ. inculpatory evidence. See EVIDENCE.

inculpatory evidence

Evidence showing or tending to show one's involvement in a crime.

lata culpa

[Latin "grave fault"] Gross negligence. ( This phrase occurs most commonly in bailment law and in the law of the transport of persons. - Also termed culpa lata. See gross negligence under NEGLIGENCE.

levis culpa

[Latin "slight fault"] Ordinary negligence. - Also termed culpa levis. See ordinary negligence under NEGLIGENCE.

levissima culpa

[Latin "the slightest fault"] Slight negligence. -Also termed culpa levissima. See slight negligence under NEGLIGENCE.

magna culpa

[Latin "great fault"] Roman law. Gross fault. 0 This is sometimes equivalent to dolus. See DOLUS.

moderamen inculpatae tutelae

[Latin] Roman law. The remedy or plea of justifiable defense. ( This phrase refers to the degree of force justified in self-defense. - Also termed inculpatae tutelae moderatio (mod-a-ray-sheeoh).