Legal Dictionary of Pakistan

Archicapellanus

[law latin] hist. A chief or high chancellor. Architect's lien see lien.

Belligerency

Int'l law. 1. The status assumed by a nation that wages war against another nation. 2. The quality of being belligerent; the act or state of waging war.

Belligerent

n. A country involved in a war or other hostile action. - belligerent, adj. C£ neutral. Bellum (bel-am). [latin] see war (1).

Bello parta cedunt reipublicae

Things acquired in war go to the state.

Bellum justum

[latin] int'z law. A just war; one that the proponent considers morally and legally justifiable, such as a war against an aggressive, totalitarian regime. ( under roman law, before war could be declared, the fetiales (a group of priests who monitored international treaties) had to certify to the senate that just cause for war existed. Thomas aquinas and other medieval theologian-jurists debated the circumstances that justified war; some canonists supported the notion of a just war against non-catholics. Over time, debating the justness of war had little practical effect, and most belligerents now simply declare the validity of their warlike behavior.

Bellwether stock.

see barometer stock under stock.

Camera Stellata

[Law Latin] See STAR CHAMBER, COURT OF.

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.

Cancellation

n. 1. The act of defacing or obliterating a writing (as by marking lines across it), thereby rendering it void. 2. An annulment or termination of a promise or an obligation.

Cancellatura

Hist. See CANCELLATION

Cancelli

[Latin "lattice, grille"] Archaic. 1. Lines drawn on a writing, esp. a will, indicating its revocation. See CANCELLATION (1). 2. Hist. The rails or latticework enclosing the bar of a court.

Central Intelligence Agency

A U.S. federal agency responsible for gathering, analyzing, and sometimes acting on information relating to national security, esp. foreign intelligence and counterintelligence activities. - Abbr. CIA.

Chancellor

Lord. See LORD CHANCELLOR.

Chancellor of the Exchequer

In England, a government minister who controls revenue and expenditures. ( Formerly, the Chancellor sat in the Court of Exchequer.

Circuity of action is, when an action is rightfully brought for a duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the suit saved: a

Clerk of the Pells

Hist. An Exchequer officer who entered tellers' bills on the parchment rolls (pells), one for receipts and the other for disbursements Also termed Master of the Pells.

Code d'instruction criminelle

A French criminal-procedure code, enacted in 1811 and appended to the Code Napoleon. See NAPOLEONIC CODE.

Compellable

adj. Capable of or subject to being compelled, esp. to testify <an accused person's spouse is not a compellable witness for the prosecution>.

Consuetudo contra rationem introducta potius usurpatio quam consuetudo appellari debet.

A custom introduced against reason ought rather to be called a usurpation than a custom.

Conventio omnis intelligitur clausula rebus sic stantibus

Every contract is to be understood as being based on the assumption of things remaining as they were (that is, at the time of its conclusion).

Coterellus

[Law Latin] Hist. A serf who inhabits a cottage- a servile tenant whose person, issue, and goods are at the disposal of the lord. - Also spelled coterell. Cf. COTARIUS.

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.

Curia cancellariae oicina justitiae

The court of chancery is the workshop of justice.

Debellatio

[Latin] Int'l law. A means of ending a war and acquiring territory when one of the belligerent countries has been so soundly defeated that its adversary is able to decide alone the fate of the defeated country's territory; conquest followed by annexation. - Also termed subjugation. "[There are] three possible alternative meanings of debellatio in international law. The first is that debellatio denotes the change wrought by the conquest and total subjugation of a State together with that State's annexation by the conqueror. The second view is that debellatio corresponds to the total defeat of an enemy State, its occupation, and the elimination of a vital component of Statehood; in this view, debellatio implies the extinction of the old State, but it leaves open the legal future of the occupied territory (annexation or the founding of one or more new States). The third view is that debellatio only describes a factual situation and that even the elimination of all the State organs combined with the occupation of the territory does not exclude the continuing existence of that State. It is mainly the second and the third meanings of debellatio which have been advocated for the situation of Germany since the end of World War II." Karl-Uhich Meyn, "Debellatio," in 1 Encyclopedia of Public International Law 166 (1992).

Disseisinam satin facit qui uti non permittit possessorem, vel minus commode, licet omnino non expellat

A person commits disseisin if he does not permit the possessor to enjoy, or makes the possessor's enjoyment less useful, even if the disseisor does not expel the possessor altogether. Co. Litt. 331.

Donatio principis intelligitur sine praejudicio tertii

A gift of the prince is understood without prejudice to a third party.

Dwell

ub. 1. To remain; to linger <the case dwelled in her memory>. 2. To reside in a place permanently or for some period <he dwelled in California for nine years>.

Ell

(el). Hist. A measure of length corresponding to the modern yard.

Ellenborough's Act

An English law (the Malicious Shooting and Stabbing Act) of 1803 punishing offenses against the person. St. 43 Geo. 3, ch. 58.

Errores ad sua principia referre est refellere

To refer errors to their origin is to refute them.

Est autem jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur

Public and private law is that which is collected either from natural precepts of the (law of) nations or from civil precepts; and that which in the civil law is called jus is said in the law of England to be right. Co. 1Jtt. 558.

Excellency

A title of honor given to certain high officials or dignitaries, such as governors, ambassadors, and Roman Catholic bishops or archbishops.

FV us est nolle, qua potest velle

A person who can will (exercise volition) has a right to refuse to will (withhold consent).

Federal Rules of Appellate Procedure

The rules governing appeals to the U.S. courts of appeals from lower courts, some federal-agency proceedings, and applications for writs. -Abbr. Fed. R. App. P.; FRAP.

Fellow

n. 1. One joined with another in some legal status or relation. 2. A member of a college, board, corporate body, or other organization.

Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum

Fc lony, by force of the term, signifies any capital crime perpetrated with a malicious intent.

Fiius est non none qui potest velle

A person may consent tacitly who can consent expressly.

Forstellarius est pauperum depressor, et totius communitatis et patriae publicus inimicus

A forestaller is an oppressor of the poor, and a public enemy of the whole community and the country.

Frumenta quae sata sunt solo cedere intelliguntur

Grain that has been sown is understood to belong to the soil.

Furiosus nullum negotium contrahere (gerere) potest (quia non intelligit quod agit)

An insane person cannot make a contract (because he doesn't understand what he is doing).

Furiosus stipulari non potest nec aliquod negotium agere, qui non intelligit quid agit

An insane person who knows not what he does cannot make a bargain or transact any business.

Generalia verba sunt generaliter intelligenda

General words are to be understood in a general sense.

Generalis regula generaliter est intelligenda

A general rule is to be understood generally.

Haeredum appellatione veniunt haeredes haeredum in infinitum

By the title of heirs, come the heirs of heirs to infinity.

Hora non est multum de substantia negotii, licet in appello de ea aliquando fiat mentio.

The hour is not of much consequence to the substance of business, although in appeal it is sometimes mentioned.

Hostes sunt qui nobis vel quibus nor bellum decernimus; caeteri proditores vel praedones sunt

Enemies are those upon whom we declare war, or who declare it against us; all others are traitors or pirates.

In re dubia magis infitiatio quam afrmatio intelligenda

In a doubtful 'matter, the negation is to be understood rather than the affirmation.

In republics maxime conservanda sunt jura belli

The laws of war must be especially preserved in the state.

Incorporalia bello non adquiruntur

Incorporeal things are not acquired by war.

Iniquissima pax est anteponenda justissimo bello

The most unjust peace is to be preferred to the justest war.