Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A justitia (quasi a quodam fonte) omnia jura emanant
From justice, as from a fountain. all rivhts flow
ADA.
abbr. AMERICANS WITH DISABILITIES ACT.
Abatuda
[fr. Law Latin abatudus "debased"] Hist. A thing diminished, such as money reduced in value by clipping (moneta abatuda).
Absentia ejus qui reipublicae causa abest neque ei neque alii damnosa esse debet
The absence of a person who is abroad in service to the state ought to be prejudicial neither to that person nor to another. Dig. 50.17.140.
Abundans cautela non nocet
Abundant caution does no harm.
Actio non datur non damnificato
An action is not given to one who is not injured.
Actionum genera maxime sunt servanda
The kinds of actions are especially to be preserved.
Actus legis nemini est damnosus
An act of the law prejudices no one.
Ad ea quae frequentius accidunt jura adaptantur
The laws are adapted to those cases that occur more frequently.
Alternativa petitio non est audienda.
An alternative petition is not to be heard.
Ambigua responsio contra proferentem est accipienda
An ambiguous answer is to be taken against the party who offers it.
Angliae jura in omni casu libertati dant favorem.
The laws of England are favorable in every case to liberty.
Area-standards picketing
labor lai. The practice that a union undertakes to protect its members in a particular region by picketing employers that may undercut the market. Through the potentially lower labor costs of a nonunion workforce.
Areeda-turner test
antitrust. An economic test for predatory pricing whereby a price below average variable cost is presumed to be predatory and therefore illegal. ( this test is widely accepted by federal courts. Its name derives from the coauthors of an influential law-review article: phillip areeda & donald f. Turner, predatory pricing and practices under section 2 of the sherman act, 88 harv. L. Rev. 692 (1975). They reformulated their test in 3 phillip areeda & donald f. Turner, antitrust law vi 710-722 (1978). See predatory pricing.
Artificial day
see day.
Ascendant
n. One who precedes in lineage, such as a parent or grandparent. -also termed ancestor. - ascendant, adj. Cf. Descendant.
Assisa proroganda
see de assisa proroganda.
Assize of darrein presentment
n. [fr. French dernier pr6sentation "last presentment"] hist. A writ of assize allowing a person with a right of advowson that has been disturbed by another claimant to have a jury determine who had the last right to present a clerk to a benefice and then to allow that person to present again and to recover damages for interference. ( this was abolished by the real property limitation act of 1833 and was replaced by the quare impedit action. - also termed darreign presentment; assize of last presentation; assisa ultimae praesentationis; assize de ultima presentatione. - also spelled darreign. See advowson; quare impedit.
Astronomical day
see solar day (2) under day.
Attendance officer.
see ruancy officer.
Attendant
adj. Accompanying; resulting <attendant circumstances>. Attendant term. See term (a>.
Auctoritates philosophorum, medicorum et poetarum sunt in causis allegandae et tenendae
The authoritative opinions of philosophers, physicians, and poets are to be adduced and regarded in causes.
Autre action pendant
[law french] another action pending. ( this phrase was formerly used in pleas of abatement.
Auxilium ad filium militem faciendum et filiam maritandam
n. [law latin] hist. A writ ordering a sheriff to levy a tax toward the knighting of a son and the marrying of a daughter of tenants in capite of the crown.
Average daily balance
see daily balance.
Avoidable-consequences doctrine
see mitigation-of-damages doctrine. Avoidable cost see cost (i).
Avoidance
n. 1. The act of evading or escaping <avoidance of tax liability>. See tax avoidance. 2. The act of refraining from (something) <avoidance of an argument>. 3. Voidance <avoidance of the agreement>. 4. Confession and avoidance <the defendant filed an avoidance in an attempt to avert liability>. -avoid, ub.
Backdate, ub
1. To put a date earlier than the actual date on (something, as an instrument). ( under ucc § 3-113(a), backdating does not affect an instrument's negotiability. Cf. Postdate. 2. To make (something) retroactively valid
Backwardation
securities. A fee paid by the seller of securities so that the buyer will allow delivery after their original delivery date. -also termed backadation; inverted market.
Banking day
1. Banking hours on a day when a bank is open to the public for carrying on substantially all its banking functions. ( typically, if the bookkeeping and loan departments are closed by a certain hour, the remainder of that day is not part of that bank's banking day. 2. A day on which banks are open for banking business.
Beneficium invito non datur
A privilege or benefit is not granted against a person's will.
Beneftcium non datur nisi officii causa
A benefice is not granted except on account or in consideration of duty.
Beneicium non datum nisi propter of/
A remuneration is not -given, unless on account of a duty performed.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Benignior sententia in verbis generalibus seu dubiis est preferenda
The more favorable construction is to be preferred in general or doubtful expressions.
Benignius leges interpretandae sunt quo voluntas earum conservetur
Laws are to be more liberally interpreted so that their intent maybe preserved.
Bis dat qui cito dat
He pays twice who pays promptly.
Bolus dans locum contractui
[Latin] Fraud (or deceit) giving rise to the contract; specif., a fraudulent misrepresentation that, having been made by one of the parties to the contract and relied on by the other, was actually instrumental in inducing the latter to enter into the contract.
Boni judicis est judicium sine dilatione mandare executioni
It is the role of a good judge to render judgment for execution without delay.
Bordage
Hist A type of tenure in which a tenant holds a cottage and a few acres in exchange for providing customary services to the lord.
Bordarii
Hist. Bordage tenants. ( The status of these tenants was less servile than that of villein tenants. See BORDAGE; vILLEINAGE.
Boundary
1. A natural or artificial separation that delineates the confines of real property <the creek serves as a boundary between the two properties>. See METES AND BOUNDS."The object of all rules for the establishment of boundaries is to ascertain the actual location of the boundary as made at the time. The important and controlling consideration, where there is a conflict as to a boundary, is the parties intention, whether express or shown by surrounding circumstances ...." 11 C.J.S. Boundaries § 3 (1995).
Brigandage
Archaic. Plundering and banditry carried out by bands of robbers. 0 Piracy is sometimes called "maritime brigandage.""The term 'insurance broker' is often used to characterize an individual who is thought to act primarily on behalf of a purchaser in an insurance transaction. This delineation is employed by some courts and writers even though almost all insurance brokers are actually compensated for their services through commissions that are paid by the insurers. Because brokers receive compensation from the insurer, it seems evident that a persuasive argument can be made for not treating a broker as an agent of the insurance purchaser." Robert E. Keeton & Alan I. Widiss, Insurance Law. A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices § 2.5, at 83-84 (1988).
CODA
abbr. CASH OR DEFERRED ARRANGEMENT.
Calendar
ub. 1. To place an important event on a calendar, esp. so that the event will be remembered. 2. To place a case on a calendar.
Carcer ad homines custodiendos, non ad puniendos, dari debet
Imprisonment should be imposed for keeping people in confinement, not for punishing them (further). Co. Litt 260a.
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.
Cedant
See REINSURED.
Certa debet esse intentio et narratio et certum fundamentum et certa res quae deducitur in judicium
The design and narration ought to be certain, the foundation certain, and the matter certain that is brought into court to be tried.