Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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
Consolidate
ub. 1. To combine or unify into one mass or body. 2. Corporations. To unite (two or more corporations) to create one new corporation. 3. Civil Procedure. To combine, through court order, two or more actions involving the same parties or issues into a single action ending in a single judgment or, sometimes, in separate judgments. Cf. MERGER (7).
Consolidated Omnibus Budget Reconciliation Act of 1985
A federal statute that requires employers who offer group health coverage to their employees to continue to do so for a prescribed period (usu. 18 to 36 months) after employment has terminated so that the employee can continue to benefit from grouphealth rates until becoming a member of another health-insurance plan. ( The statute temporarily continues group coverage for a person no longer entitled to receive it, such as a terminated employee or an overage dependent. - Abbr. COBRA.
Date
1. The day when an event happened or will happen <date of trial>. 2. A period of time in general <at a later date>. 3. An appointment at a specified time <no dates are available>.
Infeudate
See ENFEOFF.
Liquidate
vb. 1. To determine by litigation or agreement the amount of (damages or indebtedness). 2. To settle (an obligation) by payment or other adjustment. 3. To ascertain the liabilities and distribute the assets of (an entity), esp. in bankruptcy or dissolution. 4. To convert (a nonliquid asset) into cash. 5. To liquidate something, such as a debt or corporation. 6. Slang. To get rid of (a person), esp. by killing.
Liquidated
adj. 1. (Of an amount or debt) settled or determined, esp. by agreement. 2. (Of an asset or assets) converted into cash.
Mandate
n. 1. An order from an appellate court directing a lower court to take a specified action. 2. A judicial command directed to an officer of the court to enforce a court order. 3. In politics, the electorate's overwhelming show of approval for a given political platform. 4. Civil law. A written command given by a principal to an agent. 5. Civil law. A commission or contract by which one person (the mandator) requests someone (the mandatary) to perform some service gratuitously, the commission becoming effective when the mandatary agrees. In this type of contract, no liability is created until the service requested has begun. The mandatary is bound to use reasonable care in performance, while the mandator is bound to indemnify against loss incurred in performing the service. - Also termed mandatum. 6. Int'l law. An authority given by the League of Nations and, later, the United Nations to certain governments to take over the administration and development of certain territories. C£ TRUSTEESHIP (2). - mandate, vb. - mandatory, adJ.
Postdate
Ub. To put a date on (an instrument, such as a check) that is later than the actual date. Cf ANTEDATE; BACKDATE.
Predate
vb. See ANTEDATE.
Subinfeudate
ub. Hist. (Of a subvassal) to grant lands to another to hold as his vassal rather than his superior. - Also termed subinfeud (sab-in-fyood). "[A] more common method of obtaining the annual quota of knights was to subinfeudate portions of the baronial lands to individual knights in exchange for their obligations to spend a fixed portion of time annually in the king's or baron's service. A knight who so received a portion of a baron's land would hold of his baron in much the same way as the baron held of the king." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 4 (2d ed. 1984).
Unliquidated
adj. Not previously specified or determined <unliquidated damages>. unliquidated claim See CLAIM (s).
anniversary date.
insurance. the annually recurring date of the initial issuance of a policy. cf. policy year.
answer date
see answer day under day.
antedate
ub. 1. to affix with a date earlier than the true date; backdate (1) <antedate a check>. 2. to precede in time <the doctrine antedates the smith case by many years>. - also termed predate. - antedate, n. cf postdate.
appearance date
see answer day under day
consolidated appeal
an appeal in which two or more parties, whose interests were similar enough to make a joinder practicable, proceed as a single appellant.
consolidated bond
1 A railroad bond secured by a mortgage on the entire railroad line formed by several consolidated railroads. Cf divisional bond. 2. A single bond that replaces two or more outstanding issues.
consolidated financial statement
The financial report of a company and all its subsidiaries combined as if they were a single entity.
consolidated laws
See CODE (1)
consolidated mortgage
A mortgage created by combining two or more mortgages.
consolidated return
A return that reflects combined financial information for a group of affiliated corporations.
consolidated school district
A publicschool district in which two or more existing schools have consolidated into a single district.
consolidated security
(usu. pl.) A security issued in large enough numbers to provide the funds to retire two or more outstanding issues of debt securities.
date certain
A fixed or appointed day; a specified day, esp. a date fixed by an instrument such as a deed. - Also termed (in French law) date certaine (dat sair-tayn). date of bankruptcy See DATE.
date of bankruptcy
The date when a court declares a person to be bankrupt; the date of bankruptcy adjudication. ( This date may coincide with the voluntary-filing date.
date of cleavage
See DATE.
date of injury
The inception date of an injury; the date of an accident causing an injury.
date of issue
1. Commercial law. An arbitrary date (for notes, bonds, and other documents in a series) fixed as the beginning of the term for which they run; the date that a stock or bond bears on its face, not the date on which it is actually signed, delivered, or put into circulation. ( When a bond is delivered to a purchaser, it is considered "issued." But this concept is distinguishable from the "date of issue," which remains fixed, regardless of the date of sale or delivery. 2. Insurance. The date specified in the policy as the "date of issue," not the date on which the policy is executed or delivered, and regardless of other dates that may be specified in the policy or elsewhere, such as the date that the policy is to "take effect."
date of maturity
The date when a debt falls due, such as a debt on a promissory note or bond.
date of record
See record date under DATE.
date rape
Rape committed by someone known to the victim, esp. by the victim's social companion. - Also termed acquaintance rape.
declaration date
The date when corporate directors declare a dividend. Cf. DIVIDEND DATE; EX-DIVIDEND DATE.
dividend date
See DIVIDEND DATE.
effective date
The date on which a statute, contract, insurance policy, or other such instrument becomes enforceable or otherwise takes effect, which sometimes differs from the date on which it was enacted or signed.
even date
The same date. ( This jargonistic phrase is sometimes used in one instrument to refer to another instrument with the same date, esp. when both relate to the same transaction (as a deed and a mortgage).
ex-dividend date
The date on or after which the buyer of a security does not acquire the right to receive a recently declared dividend. -Also termed ex-date. Cf. DIVIDEND DATE.
ex-rights date
The date on which a share of common stock no longer offers privilege subscription rights.
expiration date
The date on which an offer, option, or the like ceases to exist. explecia (ek-splee-shee-a). [Law Latin] See Ex. PLETA. explees (eks-pleez). See ESPLEES,
inundate.
To overflow or overwhelm; esp., to flood with water.
liquidated amount
A figure readily computed, based on an agreement's terms. liquidated claim See CLAIM (3).
liquidated claim
A claim for an amount previously agreed on by the parties or that can be precisely determined by operation law or by the terms of the parties' agreement. - Also termed liquidated demand.
liquidated damages
An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches. ( If the parties to a contract have agreed on liquidated damages, the sum fixed is the measure of damages for a breach, whether it exceeds or falls short of the actual damages. - Also termed stipulated damages; estimated damages. See LIQUIDATED-DAMAGES CLAUSE. Cf. unliquidated damages; PENALTY CLAUSE. "Where the terms of a contract specify a sum payable for non-performance, it is a question of construction whether this sum is to be treated as a penalty or as liquidated damages. The difference in effect is this: The amount recoverable in case of a penalty is not the sum named,but the damage actually incurred. The amount recoverable as liquidated damages is the sum named as such. In construing these terms a judge will not accept the phraseology of the parties; they may call the sum specified 'liquidated damages,' but if the judge finds it to be a penalty, he will treat it as such." William R. Anson, Principles of the Law of Contract 470 (Arthur L. Corbin ed., 3d Am. ed. 1919). "The distinction between a penalty and genuine liquidated damages, as they are called, is not always easy to apply, but the Courts have made the task simpler by laying down certain guiding principles. In the first place, if the sum payable is so large as to be far in excess of the probable damage on breach, it is almost certainly a penalty. Secondly, if the same sum is expressed to be payable on any one of a number of different breaches of varying importance, it is again probably a penalty, because it is extremely unlikely that the same damage would be caused by these varying breaches. Thirdly, where a sum is expressed to be payable on a certain date, and a further sum in the event of default being made, this latter sum is prima facie a penalty, because mere delay in payment is unlikely to cause damage. Finally, it is to be noted that the mere use of the words 'liquidated damages' is not decisive, for it is the task of the Court and not of the parties to decide the true nature of the sum payable." P.S. Atiyah, An Introduction to the Law of Contract 316-17 (3d ed. 1981).
liquidated debt
A debt whose amount has been determined by agreement of the parties or by operation of law.
liquidated demand
See liquidated claim under CLAIM (2).
liquidated-damages clause
A contractual provision that determines in advance the measure of damages if a party breaches the agreement. ( Traditionally, courts have upheld such a clause unless the agreed-on sum is deemed a penalty for one of the following reasons: (1) the sum grossly exceeds the probable damages on breach, (2) the same sum is made payable for any variety of different breaches (some major, some minor), or (3) a mere delay in payment has been listed among the events of default. Cf. LIMITATION-OF-REMEDIES CLAUSE; PENALTY CLAUSE.
mandate rule
The doctrine that, after an appellate court has remanded a case to a lower court, the lower court must follow the decision that the appellate court has made in the case, unless new evidence or an intervening change in the law dictates a different result.
maturity date
See date of maturity under DATE.
onsolidated financial statement
See FINANCIAL STATEMENT.
patent issued within a year of the pending application's filing date. - interfere, ub. interference with a business relationship
See TORTIOUSINTERFERENCE WITH PROSPECTIVE ADVANTAGE.