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Legal Dictionary of Pakistan

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

Anniculus trecentesimo sexagesimo-quinto die dicitur, incipiente plane non exacto die, quia annum civiliter non ad momenta temporum sed ad dies numeramur

We call a child a year old on the 365th day, when the day is clearly begun but not ended, because we calculate the civil year not by moments, but by days.

Critical Legal Studies

1 A school of thought advancing the idea that the legal system's manipulative nature masks its true function. which, according to the predominant Marxist wing of this school, is to perpetuate the socioeconomic status quo. 2. The body of work produced by adherents to this school of thought. -Abbr. CLS.

Dies

n. [Latin] A day; days.

Dies dominicus non est juridicus

Sunday is not a judicial day.

Dies inceptus pro completo habetur

A day begun is held as complete.

Dies incertus pro conditione habetur

An uncertain day is considered as a condition.

In omnibus obligationibus, in quibus dies non ponitur, praesenti die debetur.

In all obligations, when no date is fixed (for performance), the thing is due the same day.

annus et dies

[law latin] a year and a day. see year-and-a-day rule.

annus, dies, et vastum

[law latin] see year, day, and waste.

clinical legal studies

Law-school training in which students participate in actual cases under the supervision of a practicing attorney or law professor. Often shortened to clinical studies.

dies Dominicus

n. [Latin] The Lord's day; Sunday.

dies a quo

n. [Latin "the day from which"] Civil law. A transaction's commencement date; the date from which to compute time, such as a day when interest begins to accrue.

dies ad quem

n. [Latin "the day to which"] Civil law. An ending date for a transaction; the ending date for computing time, such as the day on which interest no longer accrues.

dies amoris

n. [Law Latin] Hist. A day of favor; esp., a day set by the court for the defendant to make an appearance. ( This was usu. the fourth day of the term, which was the first day the court nor-mally sat for business. In addition, the defendant usu. had three days of grace from the summons to appear, but an appearance on the fourth day quarto die post ("on the fourth day thereafter") was usu. sufficient.

dies cedit

n. [Latin "the time begins to run"] Roman & Scots law. The day on which an interest, esp. a legacy, vests; the day on which a condition obligation becomes due. - Also termed dies cedens. Cf. dies uenit."A legacy was due, or became a valid right, either at the death of the testator or the occurrence of a condition precedent. This vesting of the property or the accruing of an obligation determined the content and nature of the interests involved. What the

dies comitiales

n. [Latin] Roman law. The 190 days in the year when an election could be held or the people could assemble as a legislative body. 0 The praetors could not hold court while a legislative assembly was in session.

dies communes in banco

n. [Law Latin "common days in banc"] 1. Regular appearance dates in court. - Also termed common-return days. 2. An enactment printed under the Statutes of Henry III, regulating continuances and writ return dates. 0 Examples include the Statutes of the Realm, Statutes of Uncertain Date, and Statutes at Large.

dies datus

n. [Law Latin "a given day"] A continuance, esp. for a defendant before a declaration is filed; a time of respite in a case. 0 A continuance granted after the filing of the declaration is called an imparlance. See IMPARLANCE.

dies datus in banco

n. [Law Latin "a day given in the bench"] A day given in bank, as distinguished from a day at nisi prius.

dies datus partibus

n. [Law Latin "a day given to the parties"] A continuance; an adjournment.

dies datus prece partium

n. [Law Latin "a day given at the prayer of the parties"] A day given at the parties' request.

dies excrescens

n. [Law Latin "the increasing day"] The additional day in a leap year.

dies fasti

n. [Latin] Roman law. A day when justice could be administered; a day when the praetor could officially pronounce the three words "do," "dico," and "addico." - Also called triuerbial days. See dies juridicus. Cf NEFASTUS.

dies feriati

n. [Latin] Roman & civil law. A holiday; holidays.

dies gratiae

n. [fr. Law French jour de grace] Hist. A day of grace, usu. granted to the plaintiff.

dies in banco.

See DAYS IN BANK.

dies intercisi

n. [Latin "divided days"] Roman law. A day when the courts were open for only part of the day.

dies juridicus

n. [Latin] A day when justice can be administered. 9 This term was derived from the civil-law term dies fasti. See dies fasti.

dies legitimus

n. [Latin] Roman law. A lawful day; a law day.

dies marchiae

n. [Law Latin "a day of the march"] Hist. In the reign of Richard II, the annual day set aside for the wardens of the English and Scottish borders to hold peace talks and resolve differences.

dies nefasti

n. See NEFAS. TUS; dies non juridicus.

dies non

See dies non juridicus.

dies non juridicus

n. [Law Latin "a day not juridical"] A day exempt from court proceedings, such as a holiday or a Sunday. - Often shortened to dies nons.

dies pacis

n. [Law Latin "day of peace"] Hist. A day of peace. 0 The days were originally divided into two categories: dies pacis ecclesiae ("a day of the peace of the church") and dies pacis regis ("a day of the Crown's peace").

dies religiosi

[Latin] Roman law. Religious days on which it was unlawful to transact legal or political business.

dies solaris

n. [Law Latin "a solar day"] See solar day under DAY.

dies solis

n. [Latin "day of the sun"] Roman law. Sunday.

dies utiles

n. [Latin "available days"] Roman law. A day when something can be legally done, such as a day a person can apply to the court to claim an inheritance.

dies venit

n. [Latin "the day has come"] Roman & Scots law. The date when an interest is both vested and actionable. ( It is usu. the day when a legatee can claim payment of a legacy. - Also termed dies veniens. Cf. dies cedit."But the legacy, though vested, is not yet so completely the property of the legatary that he may bring an action for it. To express the fact that such a right of action accrues, the term dies uenit was used. In general, it may be said that dies ueniens o

dies votorum

n. [Latin "a day of vows"] A wedding day.

election of remedies

1. A claimant's act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other remedy has given the litigant an advantage over, or has damaged, the opposing party. This doctrine has largely fallen into disrepute and is now rarely applied. 3. The affirmative defense that a claimant cannot simultaneously recover damages based on two different liability findings if the injury is the same for both claims, thus creating a double recovery. Cf. alternative relief under RELIEF (3).

exhaustion of remedies

The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available. ( The doctrine's purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which judicial relief is unnecessary. - Also termed exhaustion of administrative remedies. "The traditional rule can .. . be fairly simply stated. A litigant must normally exhaust state 'legislative' or 'administrative' remedies before challenging the state action in federal court. He or she need not normally exhaust state 'judicial' remedies. The rationale for this distinction is that until the administrative process is complete, it cannot be certain that the party will need judicial relief, but when the case becomes appropriate for judicial determination, he or she may choose whether to resort to a state or federal court for that relief. The word 'normally' is required in both branches of the rule." Charles Alan Wright, The Law of Federal Courts § 49, at 313 (5th ed. 1994).

exhaustion of state remedies

The doctrine that an available state remedy must be exhausted in certain types of cases before a party can gain access to a federal court. ( For example, a state prisoner must exhaust all state remedies before a federal court will hear a petition for habeas corpus.

joinder of remedies

See JOINDER.

joinder of remedies.

The joinder of alternative claims, such as breach of contract and quantum meruit, or of one claim with another prospective claim, such as a creditor's claim against a debtor to recover on a loan and the creditor's claim against a third party to set aside the transfer of the loan's collateral.

limitation-of-remedies clause

A contractual provision that restricts the remedies available to the parties if a party defaults. ( Under the UCC, such a clause is valid unless it fails of its essential purpose or it unconscionably limits consequential damages. UCC § 2-719. Cf. LIQUIDATED-DAMAGES CLAUSE; PENALTY CLAUSE.

remedies

The field of law dealing with the means of enforcing rights and redressing wrongs.

rule of marshaling remedies

See RULE OF MARSHALING ASSETS.

several-remedies rule

A procedural rule that tolls a statute of limitations for a plaintiff who has several available forums (such as a workers'-compensation proceeding and the court system) and who timely files in one forum and later proceeds in another forum, as long as the defendant is not prejudiced.

waiver by election of remedies

A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other.