Legal Dictionary of Pakistan

Association-in-fact enterprise

under rico, a group of people or entities that have not formed a legal entity, but that have a common or shared purpose, and maintain an ongoing organizational structure through which the associates function as a continuing unit. 0 a rico violation is not shown merely by proving that an enterprise, including an association-infact, exists. A pattern of racketeering activity must also be proved. 18 usca § 1961(4); united states v. Turkette, 452 u.s. 576, 101 s.ct. 2524 (1981).

Commenter

One who comments; esp., one who sends comments to an agency about a proposed administrative rule or regulation. See NOTICEAND-COMMENT PERIOD.

Enter

ub. 1. To come or go into; esp., to go on:, (real property) by right of entry so as to talk possession <the landlord entered the defaulting tenant's premises>. 2. To put formal before a court or on the record < the defendal . i entered a plea of no contest>. 3. To become <t party to < they entered into an agreement See ENTRY.

Enterpleder

Archaic. See INTERPLEADER (1)

Exigenter

n. Hist. An officer of the court of common pleas responsible for preparing exigents and proclamations in the process of outlawry. ( This office was abolished in 1837 by the Superior Courts (Officers) Act, St. 7 Will. 4, and 1 Vict., ch. 30. - Also termed exigendary.

Idem est nihil dicere et insufficienter dicere.

It is the same thing to say nothing and not to say enough. * To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner.

Independenter se habet assecuratio a viaggio navis.

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

Juriscenter

n. Conflict of laws. The jurisdiction that is most appropriately considered a couple's domestic center of gravity for matrimonial purposes.

Lord Tenterden's rule

See EJUSDEM GENERIS,

Misrepresenter

A person who misrepresents a fact to another. - Also spelled misrepresentor.

National Response Center

Environmental law. A nationwide communication center located in Washington, D.C., responsible for receiving, and relaying to appropriate federal officials, all notices of oil discharges and other releases of hazardous substances. 40 CFR § 310.11.

Prudenter agit qui praecepto legis obtemperat

A person acts prudently who obeys the precept of law.

Scienter

n. [Latin "knowingly"] 1. A degree of knowledge that makes a person legally responsible for the consequences of his or her act or omission; the fact of an act's having been done knowingly, esp. as a ground for civil damages or criminal punishment. See KNOWLEDGE; MENS REA. 2. A mental state consisting in an intent to deceive, manipulate, or defraud. 0 In this sense, the term is used most often in the context of securities fraud. The Supreme Court has held that to establish a claim for damages under Rule lOb-5, a plaintiff must prove that the defendant acted with scienter. Ernst & Ernst v. Hochfelder, 425 U.S. 185, 96 S.Ct. 1375 (1976).

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

breaking and entering

See BURGLARY (2).

business enterprises

The field of law dealing with various forms of business, such as corporations, limited-liability companies, and partnerships. - Also termed business entities; business associations.

center-of-gravity doctrine

Conflict of laws. The rule that, in choice-of-law questions, the law of the jurisdiction with the most significant relationship to the transaction or event applies. - Also termed significant-relationship theory; grouping-of-contacts theory.

common enterprise

See JOINT ENTERPRISE.

continuity of business enterprise.

A doctrine covering acquisitive reorganizations whereby the acquiring corporation must continue the target corporation's historical business or must use a significant portion of the target's business assets in a new business to qualify the exchange as a tax-deferred transaction. continuity-of-enterprise doctrine. See SUBSTANTIAL-CONTINUITY DOCTRINE.V

dissenters' right

See APPRAISAL REMEDY.

enterceur

n. [Law French] A part claiming goods; one who has placed1t the hands of a third party.

enterprise liability

Liability imposed on each member of an industry responsible for manufacturing a harmful or defective product, allotted by each manufacturer's market share of the industry. - Also termed industry-wide liability. See market-share liability.

enterprise,

n. 1. An organization or venom esp. for business purposes.

entertain

ub. 1. To bear in mind or- consider esp., to give judicial consideration to <tl court then entertained motions for continuance>. 2. To amuse or please. 3. To receive person) as a guest or provide hospitality to person).

entertainment expense

An expense incurred while providing entertainment relating directly to or associated with a business purpose. ( Entertainment expenses are partially tax-deductible.

entertainment law

. The field of law dealing with the legal and business issues in the entertainment industry (such as film, music, and theater), and involving the representation of artists and producers, the negotiation of contracts, and the protection of intellectual-property rights.

free enterprise.

A private and consensual system of production and distribution, usu. conducted for a profit in a competitive environment that is relatively free of governmental interference. See CAPITALISM.

gift enterprise

1. A scheme for the distribution of items by chance among those who have purchased shares in the scheme. 2. A merchant's scheme to induce sales for market value by giving buyers tickets that carry a chance to win a prize. 0 Gift enterprises are regulated by state law. See LOTTERY.

governmental enterprise

An enterprise (undertaken by a governmental body, such < a parks department that creates a public park. 2. Under federal anti-racketeering law, an i dividual, partnership, corporation, association union, other legal entity, or group of individuals associated in fact, although not a leg, entity (. The enterprise must be ongoing and must exist as an entity separate from the allegedly illegal activity that it engages in. 18 US(' . § 1961(4). See RACKETEER INFLUENCED AND COL RUPT ORGANIZATIONS ACT. 3. One or more per sons or organizations that have related activities, unified operation or common control, and a common business purpose. ( Under the Fair Labor Standards Act, an employee who is employed by an enterprise is entitled to minimum-wage and overtime benefits. 29 USCA §§ 201 et seq. enterprise liability See liability

governmental enterprise.

See ENTERPRISE

intra-enterprise conspiracy

Antitrust. A conspiracy existing between two subsidiaries, divisions, or other parts of the same firm. -Also termed bathtub conspiracy.

joint enterprise

1. Criminal law. An undertaking by two or more persons who set out t ( commit an offense they have conspired to commit. See CONSPIRACY. 2. Torts. An undertaking by two or more persons with an equal right to direct and benefit from the endeavor, as a result of which one participant's negligence may be imputed to the others. - Also termed (in senses 1 and 2) common enterprise. 3. JOINT VENTURE. 4. A joint venture for noncommercial purposes. "A business relationship is needed for a joint venture bait not for a joint enterprise. Thus, a joint enterprise May be defined as a non-commercial joint center venture " 46 Am Jur 2d Joint Ventures § 6, at 2 7 1 1994

nerve-center test

A method courts sometimes use to determine the location of a company's principal place of business, by which the principal place of business is determined to be the location where the corporate officers, directors, and (sometimes) shareholders reside, and where they direct and control the corporation's activities.

presenter

Commercial law. Any person presenting a document (such as a draft) to an issuer for honor. UCC § 5-102.

residential community treatment center

See HALFWAY HOUSE.

venter

, n. [Latin "womb"] 1. The womb of a wife or mother. 2. One of tyvo or more women who are sources of the same man's offspring. ,'venter . . . is a term nowadays considered objectionable, as it refers to the woman merely as the possessor of a birth canal." Bryan A. Garner, A Dictionary of Modern Legal Usage 910 (2d ed. 1995).