Legal Dictionary of Pakistan

Argumentum ad verecundiam

[latin] an argument appealing to the listener's modesty; an argument based on the opinions of people who are considered authorities.

Arrest in execution

see arrest on final process under arrest.

Arrest in execution.

See arrest on final process.

Arrestando ipsum qui pecuniam receipt

see de arrestando ipsum qui pecuniam recepit.

Assecurare

vb. [law latin] hist. To make secure, as by pledges.

Assecuration

marine insurance. Insurance.

Assecurator

marine insurance. An insurer.

Assessable security

see security.

Asset-backed security

see security.

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Baratriam committit qui propter pecuniam justitiam baractat

A person is guilty of barratry who sells justice for money.

Bearer security.

see security.

Beneficial holder of securities

a holder of equitable title to corporate stock. ( the stock is not registered under the holder's name in the corporation's records.

Boni judicis est judicium sine dilatione mandare executioni

It is the role of a good judge to render judgment for execution without delay.

Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert

A good judge decides according to fairness and the good and prefers equity to strict law.

Cancellarii angliae dignitas est, ut secundus a rege in regno habetur

The dignity of the chancellor of England is (such) that he is considered in the realm from the sovereign.

Chartarum super fidem, mortuis testibus, ad patriam de necessitudine recurrendum est

(A dispute) regarding the veracity of deeds, with the witnesses dead, must necessarily be referred to the country (or jury).

Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventu

The cognomen is derived from the blood of ancestors and is intrinsic; an agnomen (or honorary title) arises from an event, and is extrinsic.

Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda

A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.

Court of Peculiars

Hist. Eccles. law. A branch of the Court of Arches that had jurisdiction over the provincial parishes of Canterbury that were exempt from the jurisdiction of the diocesan bishop and responsible to the metropolitan only. ( The Court of Peculiars was abolished in the 19th century. See COURT OF ARCHES.

Creditorum appellatione non hi tantum accipiuntur qui pecuniam crediderunt, sed omnes quibus ex qualibet causa debetur

Under the name of creditors are included not only those who have lent money, but also all to whom a debt is owed from any cause.

Cum in testamento ambigue aut etiam perperam scriptum, est benigne interpretari, et secundum id quod credible est cogitatum credendum est

When an ambiguous or even an erroneous expression occurs in a will, it should be construed liberally, and in accordance with the testator's probable meaning.

Diplomatic Security Service

A bureau of the U.S. Department of State having responsibility for protecting the Secretary of State and domestic and foreign dignitaries, as well as for investigating criminal activities such as identity-document fraud involving U.S. passports and visas. 0 The Service now employs some 800 special agents (members of the U.S. Foreign Service), who are located throughout the United States and in scores of embassies worldwide.

Director of Public Prosecutions

An officer (usu. a barrister or solicitor of ten years' standing) who advises the police and prosecutes criminal cases in England and Wales under the supervision of the Attorney General.

Donationum alia perfecta, alia incepta et non perfecta; ut si donatio lecta fuit et concessa, ac traditio nondum fuerit subsecuta

Some gifts are perfect, others incipient and not perfect; for example, if a gift were read and agreed to, but delivery had not then followed.

ECU

abbr. EUROPEAN CURRENCY UNIT

Eadem causa diversis rationibus coram judicibus ecclesiasticis et secularibus ventilatur

The same cause is argued upon different principles before ecclesiastical and secular judges.

Electa una via, non datur recursus ad alteram

When one way has been chosen, no recourse is given to another.

Employee Retirement Income Security Act

A federal statute that regulates private pension plans and employee benefit plans and that established the Pension Benefit Guaranty Corporation. 29 USCA §§ 1001 et seq. - Abbr. ERISA.

Executio est executio juris secundum judicium

Execution is the execution of the law according to the judgment.

Executio est finis et fructus legis

Execution of the law is its end and fruition.

Executio legis non habet injuriam

Execution of the law cannot work an injury.

Execution

n. 1. The act of carrying out or putting into effect (as a court order) <execution of the court's decree>. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. - Also termed writ of execution; judgment execution; general execution. "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose of carrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceedings in the nature of an appeal or by his own agreement." Benjamin J. Shipman, Handbook of Common-Law Pleading § 26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923).

Executioner

A person who puts another person to death to carry out a death sentence; a person who carries out capital punishment on the state's behalf. execution lien. See LIEN,

Executive

n. 1. The branch of government responsible for effecting and enforcing laws; the person or persons who constitute this branch. ( The executive branch is sometimes said to be the residue of all government after subtracting the judicial and legislative branches. Cf. LEGISLATURE; JUDICIARY (1).

Faithfully Executed Clause

The clause of the U.S. Constitution providing that the President must take care that the laws are carried out faithfully. U.S. Const. art. II, § 3.

Favorabiliores sunt executiones aliis processibus quibuscunque

Executions are preferred to all other processes whatever.

Independenter se habet assecuratio a viaggio navis.

The route insured is distinct from the voyage of the ship.

Insecure

adj. Having a good-faith belief that the possibility of receiving payment or performance from another party to a contract is unlikely.

Interest reipublicae ut pax in regno conservetur et quaecunque paci adversentur provide declinentur.

It is in the interest of the state to preserve peace in the kingdom and prudently to decline whatever is adverse to it.

Irrecusable

adj. (Of an obligation) that cannot be avoided, although made without one's con-sent, as the obligation to not strike another without some lawful excuse. Cf. RECUSABLE.

Judex debet judicare secundum allegata etprobata

The judge ought to give judgment according to the allegations and the proofs.

Judicis est judicare secundum allegata et probata

It is the proper role of a judge to decide according to the allegations and proofs.

Juris effectus in executione consistit

The effect of law (or of a right) consists in the execution.

Leges naturae perfectissimae sunt et immutabiles; humani vero juris conditio semper in infinitum decurrit, et nihil est in eo quod perpetuo stare posit

The laws of nature are most perfect and immutable; but the condition of human law is an unending succession, and there is nothing in it that can stand forever.

Legis minister non tenetur, in executione offscii sui, fugere aut retrocedere

The minister of the law is not bound, in the execution of his office, either to flee or to retreat.

Liberata pecunia non liberat offerentem

The return of money does not free the party presenting it (from liability).

Locus pro solutione reditus aut pecuniae secundum conditionem dimissionis aut obligationis est stricte observandus

The place for the payment of rent or money is to be strictly observed according to the condition of the lease or obligation.

McCarran Internal Security Act

See MCCAR. RAN ACT.

Melius est recurrere quam male currere

It is better to run back than to run wrong (or badly).( It is better to retrace one's steps than to proceed improperly.