Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Element
1. A constituent part of a claim that must be proved for the claim to succeed <Burke failed to prove the element of proximate cause in prosecuting his negligence claim>. 2. Patents. A discretely claimed component of a patent claim. ( To recover for patent infringement, the plaintiff must prove that the accused product infringes every element of at least one claim, either literally or under the doctrine of equivalents. - Also termed (in sense 2) limitation. See DOCTRINE OF EQUIVALENTS.
common elements
See COMMON AREA (2).
constituent element
An essential component of a crime or cause of action.
elemental fact
See ultimate fact under FACT.
elements of crime
The constituent parts of a crime - use. consisting of the actus reus, mens rea, and - that the prosecution must prove to sustain a conviction. o The term is more broadly defined by the Model Penal Code in § 1.13(9) to refer to each component of the actus reus, causation, the mens rea, any grading factors, and the negative of any defense.
indispensable-element test
Criminal law. A common-law test for the crime of attempt, based on whether the defendant acquires control over the thing that is essential to the crime. 0 Under this test, for example, a person commits a crime by buying the explosives with which to detonate a bomb. See ATTEMPT (2).
legal-elements test
Criminal law. A method of determining whether one crime is a lesser includedoffense in relation to another crime, by examining the components of the greater crime to analyze whether a person who commits the greater crime necessarily commits the lesser one too. - Also termed same-elements test.
mental element
See MENS REA.
network element
Telecommunications. A facility or piece of equipment used to provide telecommunications service, as by a local-exchange network, and each feature, function, or capability of the service. 47 USCA § 153(29).
same-elements test
See LEGAL-ELEMENTS TEST.