Legal Dictionary of Pakistan

Abundans cautela non nocet

Abundant caution does no harm.

Angliae jura in omni casu libertati dant favorem.

The laws of England are favorable in every case to liberty.

Ascendant

n. One who precedes in lineage, such as a parent or grandparent. -also termed ancestor. - ascendant, adj. Cf. Descendant.

Attendance officer.

see ruancy officer.

Attendant

adj. Accompanying; resulting <attendant circumstances>. Attendant term. See term (a>.

Autre action pendant

[law french] another action pending. ( this phrase was formerly used in pleas of abatement.

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.

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.

Cedant

See REINSURED.

Citationes non concedantur priusquam exprimatur super qua re fieri debet citatio

Citations should not be granted before it is stated about what matter the citation is to be made.

Codefendant

One of two or more defendants sued in the same litigation or charged with the same crime. - Also termed joint defendant. Cf

Collateral ascendant

Loosely, an aunt, uncle, or other relative who is not strictly an ancestor. - also termed collateral ancestor.

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.

Dan

n. [fr. Latin dominus] Archaic. In England, an honorable title for a man; the English equivalent to the Spanish Don. 0 The term evolved into the terms Master, Mister, and Sir.

Danelaw

Hist. 1. A system of rules, introduced by the Danes during their invasions of England primarily in the ninth century and maintained principally in the midland and eastern counties where the invasions occurred. Danelaw was the prevailing law in these regions from the reign of King Edgar to Edward the Confessor, who compiled a uniform law that included some Danelaw components. 2. The counties in England where the Danish law was enforced primarily in the ninth and tenth centuries - Also termed danelage; lex Danorum. "The Danish invasions of the ninth century subjected the eastern parts of the island to new Scandinavian influences. Where the Danes conquered, their 'Danelaw' prevailed. The very word 'law' is believed to have been given to the English language by the Danes." J.H. Baker, An Introduction to English Legal History 3 (3d ed. 1990).

Danger

1 Peril; exposure to harm, loss, pain, or other negative result. 2. A cause of peril; a menace.

Dangeria

n. Hist. Payment by forest tenants to the lord so that they can plow and sow in time of mast feeding by swine in the forest.

Dangerous

adj. 1. (Of a condition, situation, etc.) perilous; hazardous; unsafe <a dangerous intersection>. 2. (Of a person, an object, etc.) likely to cause serious bodily harm <a dangerous weapon> <a dangerous criminal>.

Danism

n. [fr. Greek daneismos "a loan"] Hist. The lending of money on usury.

Dans et retinens nihil dat

One who gives and yet retains (possession) does not give effectually (literally, gives nothing).

Defendant

A person sued in a civil proceeding or accused in a criminal proceeding. - Abbr. D. Cf PLAINTIFF.

Demandant

Archaic. The plaintiff in a real action (the defendant being called a tenant). See real action under ACTION.

Ea quae commendandi causa in venditionibus dicuntur, si palam appareant venditorem non obligant.

Those things that, by way of commendation, are stated at sales, if they are openly apparent, do not hind they are openly apparent do not bind the seller.

Endangerment

n. The act or an instance of putting someone or something in danger; exposure to peril or harm. - endanger, ub. See CHILD ENDANGERMENT; RECKLESS ENDANGERMENT.

Mandans

Roman law. The principal for whom an agent deals with third parties. See MANDATOR.

Mandant

n. [French] French & Scots law. A principal in a contract of mandate, such as a bailor in a bailment. See MANDATOR.

Neque leges neque senatus consulta ita scribi possunt ut omnes casus qui quandoque inciderint comprehendantur; sed sufficit ea quae plerumque accidunt contineri

Neither laws nor acts of senate can be so written as to include all cases that have happened at any time; it is sufficient that those things that usually occur are encompassed. Dig. 1.3.10. pr.

Non concedantur citationes priusquam exprimatur super qua re fieri decet citatio

Summonses should not be granted before it is expressed upon what ground a summons should be issued.

Non differunt quae concordant re, tametsi non in verbis iisdem

Those things that agree in substance, even if not in the same words, do not differ.

Non solent quae abundant vitiare scripturas

Superfluous expressions do not usually vitiate writings.

Officia judicialin non conccdantur anti, quam uacent

Judicial offices ought not be granted before they are vacant.

Optimus interpretandi modus est sic leges interpretare ut leges legibus accordant

The best mode of interpreting laws is to make laws agree with laws.

Pacta dant legem contractui

Agreements give law to the contract.

Pedaneus

n. [Latin] tiomaa law. A judge who sat at the foot of the tribunal (i.e., in the lowest seat) ready to try minor cases at the command of the magistrate: an assistant judge

Ubi damns dantur victus victori in expensis condemnari debet

Where damages are awarded, the party that did not succeed ought to be adjudged to pay expenses for the party that prevailed.

Ubi et dantis et accipientis turpitudo versatur, non posse repeti dicimus; quotiens autem accipientis turpitudo versatur, repeti posse

Where there is misconduct on the part of both giver and receiver, we say the thing cannot be recovered; but as often as the misconduct is on the side of the receiver (alone), it can be recovered.

Voidance

, n. The act of annulling, canceling, ur making void. - Also termed avoidance.

abnormally dangerous activity

An undertaking that cannot be performed safely even if reasonable care is used while performing it, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property, (2) cannot be performed without this risk, regardless of the precautions taken, and (3) does not ordinarily occur in the community. 0 Under the Restatement (Second) of Torts, determining whether an activity is abnormally dangerous includes analyzing whether there is a high degree of risk of harm, whether any harm caused will be substantial, whether the exercise of reasonable care will eliminate the risk, whether the activii,~ is a matter of common usage, whether the activity is appropriate to the place in which it occurs, and whether the activity's value to society outweighs its dangerousness. estatement (Second) of Torts § 520 (1977). -Also termed ultrahazardous activity. See strict liability under LIABILITY. abode. A home; a fixed place of residence. See DOMICILE.

accordant

adj. In agreement <accordant with these principles>.

ad abundantiorem cautelam

[Law Latin] Hist. For more abundant caution. - Also termed ad cautelam ex superabundanti (ad kaw-tee-lam eks s[y]oo-par-ab-an-dan-tI).

ad fundandam jurisdictionem

vb. [Law Latin] To make the basis of jurisdiction.

advowson appendant

an advowson annexed to a manor, and passing as incident to it, whenever the manor is conveyed to another. ( the advowson passes with the manor even if it is not mentioned in the grant.

apparent danger

see danger.

appendant

adj. attached or belonging to property as an additional but subsidiary right. - appendant, n.

appendant easement

See easement appurtenant.

appendant power

1. A power that gives the donee a right to appoint estates that attach to the donee's own interest. 2. A power held by a donee who owns the property interest in the assets subject to the power, and whose interest can be divested by the exercise of the power. ( The power appendant is generally viewed as adding nothing to the ownership and thus is not now generally recognized as a true power. - Also termed power appendant.

attendant term

A long period (such as 1,000 years) specified as the duration of a mortgage, created to protect the mortgagor's heirs' interest in the land by not taking back title to the land once it is paid for, but rather by assigning title to a trustee who holds the title in trust for the mortgagor and the mortgagor's heirs. 0 This arrangement gives the heirs another title to the property in case the interest they inherited proves somehow defective. These types of terms have been largely abolished. See tenancy attendant on the inheritance under TENANCY.

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

child endangerment

The placing of a child in a place or position that exposes him or her to danger to life or health.

clear-and-present-danger test

Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. 0 This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919).