Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Departure
n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct < an impermissible departure from sentencing guidelines>.
departure in despite of court
Hist. A failure of a tenant in a real action to appear on demand. ( A tenant, having once appeared in a real action, was considered to be constructively present until again called. So if the tenant failed to appear when demanded, the tenant was said to have departed in despite (in contempt) of court.
downward departure
In the federal sentencing guidelines, a court's imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal's history is less serious than it appears.
forbidden departure
An impermissible deviation from the federal sentencing guidelines based on race, sex, national origin, creed, religion, or socioeconomic status.
lateral departure
In the federal sentencing guidelines, a sentence by which the defendant avoids incarceration through community or home confinement. - Also termed lateral sentencing.
port of departure
See PORT
upward departure
In the federal sentencing guidelines, a court's imposition of a sentence harsher than the standard guidelines propose, as when the court concludes that a criminal's history did not take into account additional offenses committed while the prisoner was out on bail. 2. A variance between a pleading and a later pleading or proof <the departure between the plaintiffs pleadings and the actual evidence was significant>. 3. A party's desertion of the ground (either legal or factual) taken in the immediately preceding pleading and resort to another ground <the defendant's departure from the asserted alibi necessitated a guilty plea>. - depart, vb.