Legal Dictionary of Pakistan

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

Default

n. The omission or failure to perform a legal or contractual duty; esp., the failure to pay a debt when due. - default, ub. - defaulter, n.

Defaulter

1 A person who is in default. 2. A person who misappropriates or fails to account for money held in the person's official or fiduciary capacity.

cross-default

A provision under which default on one debt obligation triggers default on another obligation.

default judgment

1 A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim, often by failing to appear at trial. 2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to comply with a discovery request. - Also termed judgment by default. See JUDGMENT.

judgment by default

See DEFAULT JUDGMENT.

nihil-dicit default judgment

See DEFAULT JUDGMENT.

nil-dicit default judgment

[Latin "he says nothing"] A judgment for the plaintiff entered after the defendant fails to file a timely answer, often after appearing in the case by filing a preliminary motion. -Also termed nihil-dicit default judgment. -Often shortened to nihil dicit.

no-answer default judgment

A judgment for the plaintiff entered after the defendant fails to timely answer or otherwise appear.

post-answer default judgment

A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial or otherwise provide a defense on the merits.

procedural-default doctrine

The principle that a federal court lacks jurisdiction to review the merits of a habeas corpus petition if a state court has refused to review the complaint because the petitioner failed to follow reasonable state-court procedures. procedural due process See DUE PROCESS.

saver default

[Law French] Hist. To excuse a default. - Also spelled saver default; saver defaut.

taker in default

A person designated by a donor to receive property under a power of appointment if the donee fails to exercise that power.