Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Due
adj. 1. Just, proper, regular, and reasonable <due care> <due notice>. 2. Immediately enforceable <payment is due on delivery>. 3. Owing or payable; constituting a debt <the tax refund is due from the IRS>.
Due Process Clause
The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. 0 There are two Due Process Clauses in the U.S. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states (although the 5th Amendment's Due Process Clause also applies to the states under the incorporation doctrine). Cf. EQUAL PROTECTION CLAUSE.
Duel
1. TRIAL BY COMBAT. 2. A single combat; specif., a prearranged combat with deadly weapons fought between two or more persons under prescribed rules, usu. in the presence of at least two witnesses, to resolve a previous quarrel or avenge a deed. 9 In England and the United States, death resulting from a duel is treated as murder, and seconds may be liable as accessories. - Also termed monomachy; single combat. Cf MUTUAL COMBAT."Dueling is distinguished from other offenses in that it has none of the elements of sudden heat and passion, and is usually carried out with some formality. A duel has been distinguished from an 'affray' in that an affray occurs on a sudden quarrel while
Dueling
n. The common-law offense of fighting at an appointed time and place after an earlier disagreement. ( If one of the participants is killed, the other is guilty of murder, and all as principals in the second degree. "Dueling is prearranged fighting with deadly weapon usually under certain agreed or prescribed rules .... It a misdemeanor at common law to fight a duel, even though no death result, to challenge another to a duz intentionally to provoke such a challenge, or knowingly to be the bearer of such a challenge." Rollin M. Perk: & Ronald N. Boyce, Criminal Law 243 (3d ed. 1982)
Perduellio
[Latin "treason"] Roman law. Treasonous conduct, such as joining the enemy or deserting the battlefield. ( Perduellio was later absorbed into a broader category of crimes against the state, the crimen laesae majestatis. - Also termed perduellion (par-d[y]oo-el-yan). See CRIMEN LAESAE MAJESTATIS.
Residue
1. Something that is left over after a part is removed or disposed of; a remainder. 2. See residuary estate under ESTATE.
Undue
adj. 1. Archaic. Not yet owed; not currently payable <an undue debt>. 2. Excessive or unwarranted <undue burden> <undue influence > .
annuity due
an annuity that makes payments at the beginning of each pay period. cf. ordinary annuity.
clear residue
The income deriving from funds used to pay a decedent's debts, administration expenses, and general legacies. - Also termed true residue.
due compensation
See just compensation under COMPENSATION.
due consideration
See sufficient consideration.
due course of law
1. The regular and customary administration of law through the legal system. 2. DUE PROCESS.
due course, payment in
See PAYMENT IN DUE COURSE.
due days
See BOON DAY.
due diligence
1. The diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. - Also termed reasonable diligence. 2. Corporations & securities. A prospective buyer's or broker's investigation and analysis of a target company, a piece of property, or a newly issued security. ( A failure to exercise due diligence may sometimes result in liability, as when a .broker recommends a security without first investigating it adequately.
due influence
The sway that one person has over another, esp. as a result of persuasion, argument, or appeal to the person's affections. Cf. UNDUE INFLUENCE.
due negotiation
The transfer of a negotiable document of title so that the transferee takes it free of certain claims enforceable against the transferor. ( This is the goodfaith-purchase exception to the doctrine of derivative title. UCC §§ 7-501(4); 7-502(1).
due notice
Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice that is legally adequate given the particular circumstance. - Also termed adequate notice; legal notice.
due posting
1. the stamping and placing of letters or packages in the U.S. mail. 2. the proper entry of an item into a ledger. 3. Proper publication; proper placement of an item (such as an announcement) in a particular place, as on a particular wall.
due process
The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. - Also termed due process of law; due course of law. "The words 'due process' have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature." Alexander Hamilton, Remarks on an Act for Regulating Elections, New York Assembly, 6 Feb. 1787, in 4 Papers of Alexander Hamilton 34, 35 (Harold C. Syrett ed., 1962)."The words, 'due process of law,' were undoubtedly intended to convey the same meaning as the words, 'by the law of the land,' in Magna Charta." Murray's Lessee u. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276 (1856) (Curtis, J.)."Due process
due process of law
See DUE PROCESS.
due proof
Sufficient and properly submitted evidence to produce a result or support a conclusion, such as an entitlement to benefits supported by an insurance policy.
due-bill.
See IOU
due-course holder
See HOLDER IN DUE COURSE.
due-diligence information
Securities. Information that a broker-dealer is required to have on file and make available to potential customers before submitting quotations for over-thecounter securities. ( The informational requirements are set out in SEC Rule 15c2-11 (17 CFR § 240.15c2-11).
due-on-encumbrance clause.
A mortgage pr vision giving the lender the option to acceleral the debt if the borrower further Mortgages the real estate without the lender's conser,
due-on-sale clause
A mortgage provision gives the lender the option to accelerate t debt if the borrower transfers or conveys a! part of the mortgaged real estate without the lender's consent
due-process rights
The rights (as to life, liberty, and property) so fundamentally important as to require compliance with due-process standards of fairness and justice. See DUE PROCESS; DUE PROCESS CLAUSE.
duellurn
n. [fr. Latin duo "twc; Hist. See TRIAL BY COMBAT.
economic substantive due process
The doctrine that certain social policies, such as the freedom of contract or the right to enjoy property without interference by government regulation, exist in the Due Process Clause of the 14th Amendment, particularly in the words "liberty" and "property."
holder in due course.
A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge, has not been dishonored. 0 Under UCC § 3-305, a holder in due course takes the instrument free of all claims and personal defenses, but subject to real defenses. - Abbr. HDC; HIDC. - Also termed due-course holder.
indorsee in due course.
An indorsee who, in the ordinary course of business, acquires a negotiable instrument in good faith for value, before its maturity, and without knowledge of its dishonor.
lex Julia de residues
n. [Latin] Roman law. A law punishing persons who could not account for public money in their charge.
order assigning residue
A probate court's order naming the persons entitled to receive parts of an estate and allotting that share to each.
payment in due course
A payment to the holder of a negotiable instrument at or after its maturity date, made by the payor in good faith and without notice of any defect in the holder's title. See HOLDER IN DUE COURSE.
procedural due process
The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, esp. if the deprivation of a significant life, liberty, or property interest may occur.
substantive due process
The doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective.
true residue
See CLEAR RESIDUE.
undue influence
1. The improper use of power or trust in a way that deprives a person of free will and substitutes another's objective. ( Consent to a contract, transaction, relationship, or conduct is voidable if the consent is obtained through undue influence. "Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that the person will not act in a manner inconsistent with his welfare." Restatement (Second) of Contracts § 177(1) (1981). "When at the turn of the twentieth century, the common law doctrine of duress was expanded to provide relief for coercion irrespective of the means of coercion, much of the work of undue influence became unnecessary. The doctrine has a much more specialized role today, although often enough the precedents decided when the more general doctrine prevailed are cited and quoted to the general confusion of the profession. Today the gist of the doctrine is unfair persuasion rather than coercion. Euphoria rather than fear is often, but certainly not always, the state of mind of the party unduly influenced." John D. Calamari & Joseph M. Perillo, The Law of Contracts § 9-9, at 351-52 (3d ed. 1987). 2. Wills & estates. Coercion that destroys a testator's free will and substitutes another's objectives in its place. 0 When a beneficiary actively procures the execution of a will, a presumption of undue influence may raised, based on the confidential relationship between the influencer and the testator. - Also termed improper influence. See COERCION; DURESS.
undue prejudice
The harm resulting from a fact-trier's being exposed to evidence that is persuasive but inadmissible (such as evidence of prior criminal conduct) or that so arouses the emotions that calm and logical reasoning is abandoned. 2. A preconceived judgment formed without a factual basis; a strong bias. - prejudice, ub. - prejudicial, adj. prejudicial error See reversible error under ERROR (2).
undue-burden test
Constitutional law. The Supreme Court test stating that a law regulating abortion will be struck down if it places a substantial obstacle in the path of a woman's right to obtain an abortion. ( This test replaced the "trimester analysis," set forth in Roe v. Wade, in which the state's ability to restrict abortion increased after each trimester of pregnancy. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 112 S.Ct. 2791 (1992).
vadiare duellum
vb. [Law Latin "to wage the duellum"] Hist. To give pledges mutually for engaging in trial by combat.
vadiatio duelli
[Law Latin "wager of battle"] See TRIAL BY COMBAT.
vendue
. Hist. 1. A sale; esp., a sale at public auction. 2. See execution sale under SALE.
vendue master
Hist. See AUCTIONEER.