Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Caveat emptor
Let the buyer beware.
Caveat emptor qui ignorare non debuit quod jus alienum emit
Let the buyer beware; for he ought not act in ignorance when he buys what another has right to.
Currit tempus contra desides et sui juris contemptores
Time runs against the indolent and those who are not mindful of their rights.
Emptor
n. [Latin] Civil law. A buyer. - Also spelled emtor. See caveat emptor under CAVEAT.
Emptor emit quam minimo potest; venditor vendit quam maximo potest
The buyer buys for as little as possible; the vendor sells for as much as possible.
Peremptory
n. See peremptory challenge under CHALLENGE (2).
Peremptory defense
A defense that questions the plaintiff's legal right to sue or contends that the right to sue has been extinguished.
Periculum rei venditae, nondum traditae, est emptoris
The purchaser assumes the risk for a thing sold, but not yet delivered.
Quia Emptores
[Latin "since purchasers"] Hist. A statute giving fee-simple tenants (other than those holding directly of the Crown) the power to alienate their land and bind the transferee to perform the same services for the lord as the transferor had been obliged to perform. ( The statute, enacted in 1290, tended to concentrate feudal lordships in the Crown by eliminating multiple layers of fealty. 18 Edw., ch. 1. - Also termed Quia Emptores Terrarum "Edward I and his lords wished, for political reasons, to prevent the growth of subinfeudation, and in 1290 the Statute Quia Emptores was enacted. It took its name from the beginning of its preamble - 'Since purchasers .... " L.B. Curzon, English Legal History 300 (2d ed. 1979).
Sive tota res evincatur, sive pars, habet regressum emptor in venditorem
If the property is taken from him by eviction, whether whole or in part, the purchaser has an action against the vendor. Dig. 21.2.1.
Tempus enim modus tollendi obligationes et actiones, quia tempus currit contra Besides et sui juris contemptores
For time is a means of destroying obligations and actions, because time runs against those who are inactive and show little respect for their own rights.
bona fide emptor
[Latin] Good-faith purchaser. See good-faith purchaser under PURCHASER.
caveat emptor
See CAVEAT.
emptor familiae
See FAMILIAE EMPTOR.
exceptio peremptoria
A peremptory exception that forever destroyed the subject matter or ground of the action, such as the exceptio doli mali and the exceptio metus. - Also termed exceptio perpetua.
familiae emptor
[Latin "estate purchaser"] Roman law. A trustee who received an inheritance by a fictitious purchase and distributed it as the testator instructed. -Also termed emptor familiae. See HERES; TWELVE TABLES. "At some date, probably long before the XII Tables, men on the point of death, unable to make a true will because there was no imminent sitting of the Comitia, adopted the practice of conveying all their property ... to a person who is described as the familiae emptor, and who is said by Gaius to be in loco heredis. Instructions were no doubt given to him as to the disposal of the property or part of it, but it is not clear that these were enforceable ...." W.W. Buckland, A Manual of Roman Private Law 175 (2d ed. 1953).
levari facias quando vicecomes returnavit quod non habuit emptores
n. [Law Latin "that you cause to be levied the damages from the disseisors"] Hist. A writ directing a sheriff, who had already seized some of the debtor's property and found it unsalable, to sell as much additional property as necessary to pay the entire debt.
peremptory challenge
One of a party's limited number of challenges that need not be supported by any reason, although a party may not use such a challenge in a way that discriminates against a protected minority. -Often shortened to peremptory. - Also termed peremptory strike. See STRIKE (2).3. Military law. An objection to a member of the court serving in a court-martial case. ( A military judge can be challenged only for cause.
peremptory day
See DAY
peremptory defense
See DEFENSE (1)
peremptory exception
See EXCEPTION
peremptory instruction
A court's explicit direction that a jury must obey, such as an instruction to return a verdict for a particular party. See directed verdict under VERDICT.
peremptory mandamus
See MANDAMC
peremptory plea
A plea that responds to the merits of the plaintiff's claim.
peremptory strike
See peremptory challenge under CHALLENGE (2).
peremptory writ
At common law, an original writ issued when the plaintiff seeks only general damages, as in an action for trespass. ( The writ, which is issued only after the plaintiff gives security for costs, directs the sheriff to have the defendant appear in court.
pro defectu emptorum
[Latin] For want of purchasers.
pro emptore
[Latin] Civil law. As a purchaser; by the title of a purchaser. See USUCAPIO.
remanent pro defectu emptorum
[Latin] Hist. Remains unsold for want of buyers. a This language was used in a return of a writ of execution when the sheriff could not sell the seized property.