Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assenting-silence doctrine
the principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. ( this doctrine is usu. Held to be invalid as a measure of a criminal defendant's guilt.
Attenuation doctrine
Criminal procedure. The rule providing - as an exception to the fruit-of-the-poisonous-tree doctrine - that evidence obtained by illegal means may nonetheless be admissible if the connection between the evidence and the illegal means is sufficiently attenuated or remote. See fruit-of-the-poisonous-tree doctrine.
Attractive-nuisance doctrine.
torts. The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass is under a duty to protect those children from the danger <the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted pond on school property>. - also termed turntable doctrine; torpedo doctrine. See dangerous instrumentality.
Atwood doctrine
The principle that, to the extent an erisa plan and its summary-plan description conflict regarding the circumstances under which benefits may be denied, the summary-plan description controls. Atwood v. Newmont gold co., 45 f.3d 1317 (9th cir. 1995); 29 usca § 1022. See summary-plan description.
Aunt jemima doctrine. Trademarks
the principle that a trademark is protected not only from an act of direct copying, but also from the use of any similar mark that would likely make a buyer think that the item bearing the similar mark comes from the same source as the trademarked item. Aunt jemima mills co. V. Rigney & co., 247 f. 407 (2d cir. 1917); 15 usca § 1114.
Avoidable-consequences doctrine
see mitigation-of-damages doctrine. Avoidable cost see cost (i).
Ben avon doctrine
the principle that due process entitles public utilities to judicial review of rates set by public service commissions. Ohio valley water co. V. Borough of ben avon, 253 u.s. 287, 40 s.ct. 527 (1920).
Calvo doctrine
Int'l law. The rule that resident aliens have the same rights to protection as citizens, but no more. ( This doctrine, which establishes a minimum international standard for the treatment of aliens, was developed by the Argentinian jurist Carlos Calvo in his treatise Le droit international theoraque et pratique (5th ed. 1896). The doctrine is intended to prevent aliens from abusing their right of diplomatic protection.
Carroll doctrine
The principal that a broadcast licensee has standing to contest any grant of a competitive license by the Federal Communications Commission because the grant could lead to a diminution in broadcast service by causing economic injury to an existing licensee. Carroll Broadcasting Co. v. FCC, 258 F.2d 440 (D.C. Cir. 1958).
Clearfield Trust doctrine
The doctrine describing the federal courts' power to make federal common law when there is both federal lawmaking power to do so and a strong federal interest in a nationally uniform rule. Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE.
Cohen doctrine
See COLLATERAL-ORDER DOCTRINE.
Collyer doctrine
Labor law. The principle under which the National Labor Relations Board will refer an issue brought before it to arbitration if the issue is arbitrable under the collective-bargaining agreement. Collyer Insulated Wire, 192 NLRB 837 (1971). Cf. SPIELBERG DOCTRINE.
Cooley doctrine
Constitutional law. The principle that Congress has exclusive power under the Commerce Clause to regulate the national as well as the local aspects of national commercial matters, and that the states may regulate those aspects of interstate commerce so local in character as to require diverse treatment. ( The Supreme Court has abandoned the Cooley doctrine in favor of a balancing test for Commerce Clause cases. Cooley v. Port Board of Wardens, 53 U.S. (12 How.) 299 (1851).
Corn Products doctrine
Tax. The principle that a capital asset should be narrowly defined to exclude inventory-related property that is integrally tied to the day-to-day operations of a business. Corn Products Refining Co. u. C.I.R., 350 U.S. 46, 76 S.Ct. 20 (1955).
D'Oench Duhme doctrine
The rule that estops a borrower from asserting a claim or defense against a federal successor to a failed financial institution - if the claim or defense is based on a side or secret agreement or representation - unless the agreements or representations have been (1) put into writing, (2) executed by the financial institution and borrower when the loan was issued, (3) approved by the financial institution's board of directors or loan committee, and (4) made a permanent part of the financial institution's records. D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676 (1942) (now partially codified at 12 USCA § 1823(e), and otherwise of questionable standing in light of O Welveny & Myers v. FDIC, 512 U.S. 79, 114 S.Ct. 2048 (1994)).
Deep Rock doctrine
Bankruptcy. The principle by which unfair or inequitable claims presented by controlling shareholders of bankrupt corporations may be subordinated to claims of general or trade creditors. 0 The doctrine is named for a corporation that made fraudulent transfers to its parent corporation in Taylor u. Standard Gas & Elec. Co., 306 U.S. 307, 59 S.Ct. 543 (1939).
Deprizio doctrine. Bankruptcy
The rule that a debtor's payment to an outside creditor more than 90 days before a bankruptcy filing is voidable as a preferential transfer if it benefits an inside creditor. Levit v. Ingersoll Rand Fin. Corp. (In re V.N. Deprizio Constr. Co.), 874 F.2d 1186 (7th Cir. 1989).
Doctrine
See KLAXON DOCTRINE.
Dombrowski doctrine
The rule entitling a person to a federal-court injunction to prevent prosecution under a broad or vague state statute that affects rights guaranteed by the First Amendment. Dombrowski u. Pfister, 380 U.S. 479, 85 S.Ct. 1116 (1965).
Drago doctrine
The principle asserted by Luis Drago, Minister of Foreign Affairs of the Argentine Republic, in a December 29, 1902 letter to the Argentine Minister in Washington, in which Drago, in response to the forcible coercion of Venezuela's unpaid loans by Great Britain and others, argued that no public debt should be collected from a sovereign state by force or through the occupation of American territory by a foreign power. 0 The subject was presented at the Hague Conference of 1907, when a modified version of the Drago doctrine was adopted.
Erie doctrine
The principle that a federal court exercising diversity jurisdiction over a case that does not involve a federal question must apply the substantive law of the state where the court sits. Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817 (1938). Erie/Klaxon
Fauntleroy doctrine
The principle that a state must give full faith and credit to another state's judgment, if the other state had proper jurisdiction, even though the judgment is based on a claim that is illegal in the state in which enforcement is sought. Fauntleroy u. Lum, 210 U.S. 230, 28 S.Ct. 641 (1908).
Feres doctrine
Torts. The rule that a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. Feres u. United States, 340 U.S. 135, 71 S.Ct. 153 (1950). - Also termed Feres rule. See ACTIVITY INCIDENT TO SERVICE.
Garmon doctrine
See Garmon preemption under PREEMPTION.
Garner doctrine
The rule that allows shareholder plaintiffs in a corporate derivative action to discover confidential communications between a corporate officer and the corporation's attorney. ( The Garner doctrine does not apply to attorney work product, and the movant must show good cause. Garner v. Wolfinbarger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE ACTION (1).
Good Samaritan doctrine
Torts. The principle that a person who is injured while attempting to aid another in imminent danger, and who then sues the one whose negligence created the danger, will not be charged with contributory negligence unless the rescue attempt is an unreasonable one or the rescuer acts unreasonably in performing the attempted rescue. Cf, EMERGENCY DOCTRINE; RESCUE DOCTRINE; LOST-CHANCE DOCTRINE.
Hilton doctrine.
Civil procedure. The rule that in a dispute between parties to an oil-and-gas lease, royalty owners who would lose their rights if the defendant's lease were terminated are regarded as indispensable parties to a proceeding challenging the lease. Hilton u. Atlantic Refining Co., 327 F.2d 217 (5th Cir. 1964).
Jensen doctrine.
The principle that the states may not apply their workers'-compensation statutes to maritime workers injured on navigable waters while performing traditional maritime duties. Southern Pac. Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524 (1917).
Klaxon doctrine
Conflict of laws. The principle that a federal court exercising diversity jurisdiction must apply the choice-oflaw rules of the state where the court sits. 0 In Klaxon Co. u. Stentor Elec. Mfg. Co., the Supreme Court extended the rule of Erie v. Tompkins to choice-of-lave issues. 313 U.S. 487, 61 S.Ct. 1020 (1941). - Also termed Erie/Klaxon doctrine. See ERIE DOCTRINE.
Mark Hopkins doctrine
The principle that when an employee leaves a job because of s labor dispute, any later employment the employee has must be bona fide and intended as permanent for the employee to avoid a labordispute disqualification from unemployment benefits if the employee leaves the later job. Mark Hopkins, Inc. u. Employment Comm'n, 151 P.2d 229 (Cal. 1944).
Markusk doctrine
Patents. An exception to the policy against use of alternative language in claims, by which in certain claims (esp. those involving chemical components) a claimant can use an alternative, subgeneric phrase when there is no applicable, commonly accepted generic expression. Ex parte Markush, 1925 Dec. Comm'r Pat. 126. "The Patent Office early adopted a policy against use of alternative language in claims. Thus, a claimant could not use the specific alternative phrase 'glass or plastic' but could use a generic phrase (such as 'impervious transparent material') that would cover effectively the desired alternatives. The Markush doctrine developed as an exception . . . . With chemical compounds there may be no suitable phrase to cover the alternatives. Under limited circumstances a claimant could use an artificial or coined subgeneric group in the form of 'material selected from the group consisting of X, Y, and Z.' " 2 Donald S. Chisum, Patents § 8.06[2], at 8-119 to 8-120 (1992).
Merrill doctrine.
The principle that the government cannot be estopped from disavowingan agent's unauthorized act. Federal Crop Ins. Corp. u. Merrill, 332 U.S. 380, 68 S.Ct. 1 (1947).
Mobile-Sierra doctrine
The principle that the Federal Energy Regulatory Commission may not grant a rate increase to a natural-gas producer unless the producer's contract authorizes a rate increase, or unless the existing rate is so low that it may adversely affect the public interest (as by threatening the continued viability of the public utility to continue its service). United Gas Pipe Line Co. u. Mobile Gas Seru. Corp., 350 U.S. 332, 76 S.Ct. 373 (1956); Federal Power Comm'n u. Sierra Pac. Power Co., 350 U.S. 348, 76 S.Ct. 368 (1956). - Also termed Sierra-Mobile doctrine.
Monroe Doctrine
The principle that the United States will allow no intervention or domination by any non-American nation in the Western Hemisphere. ( This principle, which has some recognition in international law (though not as a formal doctrine), was first announced by President James Monroe in 1823. "The Monroe doctrine is a policy which the United States has followed in her own interest more or less consistently for more than a century, and in itself is not contrary to international law, though possible applications of it might easily be so. But it certainly is not a rule of international law. It is comparable to policies such as the balance of power' in Europe, or the British policies of maintaining the independence of Belgium or the security of our sea-routes to the East, or the former Japanese claim to something like a paramount influence over developments in the Far East. Apart fr
Noerr-Pennington doctrine
The principle that the First Amendment shields from liability (esp. under antitrust laws) companies that join together to lobby the government. 0 The doctrine derives from a line of Supreme Court cases beginning with Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S.Ct. 523 (1961), and United Mine Workers v. Pennington, 381 U.S. 657, 85 S.Ct. 1585 (1965).
Parker doctrine.
See STATE-ACTION DOCTRI'.
Parratt-Hudson doctrine
The principle that a state actor's random, unauthorized deprivation of someone's property does not amount to a due-process violation if the state provides an adequate postdeprivation remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908 (1984); Hudson u. Palmer, 468 U.S. 517, 104 S.Ct. 3194 (1984).
Powell doctrine
See CORRUPT-MOTIVE DOCTRINE.
Spielberg doctrine
Labor law. The policy of the National Labor Relations Board to defer to an arbitrator's decision regarding a contract dispute if (1) the decision is not repugnant to the National Labor Relations Board, (2) the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and (3) the contract requires binding arbitration. Spielberg Mfg. Co., 112 NLRB Dec. (CCH) 86 (1955). Cf. COLLYER DOCTRINE. "In Spielberg Mfg. Co. (1955), the Board announced its policy of dismissing an unfair labor practice complaint in deference to an arbitration award already rendered, provided the arbitral procedures were fair and the award was not repugnant to the policies of the Labor Act .... The Supreme Court in several cases cited the Board's deferral policy with approval, noting that the Board has discretion to respect an arbitration award and that arbitration of disputes contributes to industrial peace and stability." Robert A. Gorman, Basic Text on Labor Late: Unionization and Collective Bargaining 751 (1976).
Yick Wo doctrine
The principle that a law or ordinance that gives a person or entity absolute discretion to give or withhold permission to carry on a lawful business is in violation of the 14th Amendment to the U.S. Constitution. Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064 (1886).
abuse-of-rights doctrine
Civil law. The principle that a person may be liable for harm caused by doing something the person has a right to do, if the right (1) is exercised for the purpose or primary motive of causing harm, (2) is exercised without a serious and legitimate interest that is deserving of judicial protection, (3) is exercised against moral rules, good faith, or elementary fairness, or (4) is exercised for a purpose other than the one it was granted for.
abuse-of-the-writ doctrine
Criminal law. The principle that a petition for a writ of habeas corpus may not raise claims that could have been, but were not, asserted in a previous petition.
acceptance doctrine
Construction law. The principle that, once an owner accepts the work of a contractor, the contractor is not liable to third parties for an injury arising from the contractor's negligence in performing under the contract, unless the injury results from a hidden, imminently dangerous defect that the contractor knows about and the owner does not know about. - Also termed accepted-work doctrine
accepted-work doctrine
See ACCEPTANCE DOCTRINE.
act-of-state doctrine.
The common-law principle that prevents U.S. courts from questioning the validity of a foreign country's sovereign acts within its own territory. * As originally formulated by the U.S. Supreme Court in 1897, the doctrine provides that "the courts of one country will not sit in judgment on the acts of the government of another done within its own territory." Underhill u. Hernandez, 168 U.S. 250, 252, 18 S.Ct. 83, 84 (1897).
adverse-agent doctrine
the rule that an agent's knowledge will not be imputed to the principal if the agent is engaged in fraudulent activities that are concealed as part of the fraud.
adverse-domination doctrine
the equitable principle that the statute of limitations on a breach-of-fiduciary-duty claim against officers and directors is tolled as long as a corporate plaintiff is controlled by the alleged wrongdoers. 0 the statute is tolled until a majority of the disinterested directors discover or are put on notice of the claim against the wrongdoers. this doctrine is available to benefit only the corporation.
affectation doctrine
see affects doctrine.
affects doctrine
constitutional law. the principle allowing congress to regulate intrastate activities that have a substantial effect on interstate commerce. 0 the doctrine is so called because the test is whether a given activity "affects" interstate commerce. - also termed effects doctrine or (erroneously) affectation doctrine.
after-acquired-evidence doctrine
employment law. the rule that, if an employer discharges an employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge, the employee cannot win reinstatement. 0 the doctrine either shields the employer from liability or limits the available relief when, after an employee has been terminated, the employer learns for the first time that the employee engaged in wrongdoing that would have resulted in a discharge anyway. mckennon u. nashville banner publ g co., 513 u.s. 352, 115 s.ct. 879 (1995).