Legal Dictionary of Pakistan

Bad-conduct discharge

see discharge (8)

Bank discount

the interest that a bank °, ducts in advance on a note. See discoi?n'l _ bank draft see draft

Concordia discordantium canonum

. [Latin "the harmony of the discordant canons"] Hist. A collection of ecclesiastical authorities compiled by Gratian, an Italian monk, ca. 1140. 0 Gratian analyzed questions of law by drawing conclusions from side-by-side comparisons of a variety of texts. Later canonist scholarship usu. proceeded from Gratian's work. -Also termed Decretum Gratiani; Decretum.

DISC

abbr. DOMESTIC INTERNATIONAL SALES COR, PORATION.

Discipline

n. 1. Punishment intended to correct or instruct; esp., a sanction or penalty imposed after an official finding of misconduct. 2. Control gained by enforcing compliance or order. 3. Military law. A state of mind inducing instant obedience to a lawful order, no matter how unpleasant or dangerous such compliance might be. - discipline, ub. - disciplinary, adj.

Disclaimer

n. 1. A renunciation of one's legal right or claim. 2. A repudiation of another's legal right or claim. 3. A writing that contains such a renunciation or repudiation. - disclaim, ub.

Disclosure

n. The act or process of making known something that was previously unknown; a revelation of facts <a lawyer's disclosure of a conflict of interest>. - disclose, z)b. - disclosural, adj. See DISCOVERY; INITIAL DISCLOSURE.

Discontinuee

n. A person who receives an entailed estate from the tenant in tail; one whose acquisition of an entailed estate causes a discontinuance of the fee tail heirs' right to the estate. Cf. DISCONTINUOR.

Discontinuor

n. A tenant in tail whose conveyance of the entailed estate causes a discontinuance. Cf. DISCONTINUEE.

Disconvenable

adj. [Law French] Archaic. Unfit; improper.

Discount

n. 1. A reduction from the full amount or value of something, esp. a price. 2. An advance deduction of interest when a person lends money on a note, bill of exchange, or other commercial paper, resulting in its present value. See PRESENT VALUE. 3. The amount by which a security's market value is below its face value. Cf. PREMIUM (3). - discount, ub

Discovery

n. 1. The act or process of finding or learning something that was previously unknown <after making the discovery, the inventor immediately applied for a patent>. 2. Compulsory disclosure, at a party's request, of information that relates to the litigation <the plaintiff filed a motion to compel discovery>. ( The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although discovery typically comes from parties, courts also allow limited discovery from nonparties. 3. The facts or documents disclosed <the new associate spent all her time reviewing discovery>. -discover, vb. - discoverable, adj."Discovery has broad scope. According to Federal Rule 26, which is the model in modern procedural codes, inquiry may be made into 'any matter, not privileged, that is relevant to the subject matter of the action.' Thus, discovery may be had of facts incid

Discredit

ub. To destroy or impair the credibility of (a witness, a piece of evidence, or a theory); to lessen the degree of trust to be accorded to (a witness or document). - discredit, n.

Discretio est discernere per legem quid sit justum

Discretion is to discern through law what is just.

Discretio est scire per legem quid sit justum.

Discretion consists in knowing what is just in law.

Discriminatee

A person unlawfully discriminated against.

Discrimination

n. 1. The effect of a law or established practice that confers privileges on a certain class or that denies privileges to a certain class because of race, age, sex, nationality, religion, or handicap. 0 Federal law, including Title VII of the Civil Rights Act, prohibits employment discrimination based on any one of those characteristics. Other federal statutes, supplemented by court decisions, prohibit discrimination in voting rights, housing, credit extension, public education, and access to public facilities. State laws provide further protections against discrimination. 2. Differential treatment; esp., a failure to treat all persons equally when no reasonable distinction can be found between those favored and those not favored."The dictionary sense of discrimination' is neutral while the current political use of the term is frequently nonneutral, pejorative. With both a neutral and a nonneutral use of the word having currency, the opportunity for confusion in arguments about racial discrimination is en

Discussion

1. The act of exchanging views on something; a debate. 2. Civil law. A creditor's act of exhausting all remedies against the principal debtor before proceeding against the guarantor. See BENEFIT OF DISCUSSION.

For example, a wholesaler or distributor usu. receives a greater discount than a retailer. quantity discount

See volume discount.

Newly discovered evidence.

See EVIDENCE.

Nondisclosure

The failure or refusal to reveal something that either might be or is required to be revealed.

Quaeras de dubiis, legem bene discere si vis

Inquire into doubtful points if you wish to understand the law well.

Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet ex discretione justiciariorum

How long a time should be "reasonable" the law does not define; it depends on the discretion of the judges.

Quam rationabilis debet esse finis, non detnitur, sed omnibus circumstantiis inspectis pendet ex justiciariorum discretione

How reasonable a fine should be is not defined, but depends on the discretion of the judges, after all the circumstances have been considered.

Racial discrimination

Discrimination based on race.reverse discrimination. Preferential treatment of minorities, usu. through affirmativeaction programs, in a way that adversely affects members of a majority group. See AFFIRMATIVE ACTION.

Rediscount

n. 1. The act or process of discounting a negotiable instrument that has already been discounted, as by a bank. 2. (usu. pl.) A negotiable instrument that has been discounted a second time. - rediscount, vb. See DISCOUNT.

Si a jure discedcs, vagus eris et erunt omnia omnibus incerta

If you depart from the law, you will wander (without a guide), and everything will be in a state of uncertainty to everyone.

abuse of discovery

See DISCOVERY ABUSE.

abuse of discretion

An adjudicator's failure to exercise sound reasonable, and legal decision-making. 2. An appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, or illegal. See discretion.

administrative discharge

A military-service discharge given by administrative means and not by court-martial.

administrative discharge.

See DISCHARGE (6).

administrative discretion

A public official's or agency's power to exercise judgment in the discharge of its duties.

administrative discretion.

See DISCRETION.

age discrimination

Discrimination based on age. ( Federal law prohibits age discrimination in employment against people who are age 40 or older.

age discrimination in employment act

A federal law prohibiting job discrimination base:i on a person's age, esp. unfair and discriminatory employment decisions that negatively affect someone who is 40 years old or older. 29 usc,a §§ 621-634. 0 passed in 1967, the act applies u: businesses with more than 20 employees ai 3=1, all governmental entities. - abbr. adea.

bad-conduct discharge

A punitive discharge that a court-martial can give a member of the military, usu. as punishment for repeated minor offenses. - Abbr. BCD.

benefit of discussion.

Civil law. A guarantor's right to require a creditor to seek payment from the principal debtor before seeking payment from the guarantor. - Also termed b6n6fice de discussion. "Benefit of Discussion. By common law a cautioner, bound simply as such, had right to insist that the creditor should discuss the principal debtor, that is, exhaust his estate by diligence, before coming upon him for payment of the debt." William K. Morton & Dale A. Whitman, Manual of the Law of Scotland 299 (1896).

bill of discovery.

A bill in equity seeking disclosure of facts within the adverse party's knowledge. See DISCOVERY.

bond discount

See DISCOUNT (3).

bulk discount

See volume discount under DISCOUNT.

bulk discount.

See volume discount.

cash discount

1. A seller's price reduction in exchange for an immediate cash payment. 2. A reduction from the stated price if the bill is paid on or before a specified date.

certificate of discharge

See SATISFACTION PIECE.

charge and discharge.

Equity practice. Court ordered account filings by a plaintiff and a defendant. ( The plaintiff's account (charge) and the defendant's response (discharge) were filed with a master in chancery.

charge and discharge. Equity practice. Court ordered account filings by a plaintiff and a defendant. ( The plaintiff's account (charge) and the defendant's response (discharge) were filed with a maste

compulsory disclosure

See DISCLOSURE.

constructive discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee feels compelled to leave."Most constructive discharges fall into one of two basic fact patterns. First, the employer can cause a constructive discharge by breaching the employee's contract of employment in some manner short of termination. Second, the employer can make working conditions so intol-erable that the employee feels compelled to quit." Mark A. Rothstein et al., Employment Law § 9.7, at 539 (1994).

discarcare

vb. [fr. Latin dis+ carcare "to charge"] Hist. To unload (cargo), usu. from a ship. - Also termed discargare.

disceptatio causae

n. [Latin "debate about a case"] Roman law. The argument by the advocates of both sides of a dispute.

discharge

n. 1. The payment of a debt or satisfaction of some other obligation. 2. The release of a debtor from monetary obligations upon adjudication of bankruptcy; RELEASE (1). 3. The dismissal of a case. 4. The canceling or vacating of a court order. 5. The release of a prisoner from confinement. 6. The relieving of a witness, juror, or jury from further responsibilities in a case. 7. The firing of an employee.