Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Automobile exception
an exemption from the requirement of a search warrant, whereby the police may search a vehicle without a warrant when there is probable cause to suspect that the vehicle contains contraband or evidence of a crime. Carroll u. United states, 267 u.s. 132, 45 s.ct. 280 (1925); california u. Acevedo, 500 u.s. 565, 111 s.ct. 1982 (1991).
Exceptio
n. [Latin] Hist. 1. An exception, plea, or objection. 2. Roman & civil law. A defendant's plea admitting the claim in principle, but alleging facts or legal provisions that negate it in this instance. 3. A defense to a claim that is justly brought but that unjustly accuses the particular defendant named.
Exceptio ejus rei cujus petitur dissolutio nulla est
There is no exception based on the very matter for which a solution is heirs, sough! .
Exceptio firmat regulam in vasibus non eiceptis
An exception affirms the rule in cannot excepted.
Exceptio firmat regulanz in contrarium
Ao Exception affirms an opposite rule.
Exceptio nulla est versus actionem quae exceptionem perimit
There is no exception against an action that extinguishes the exception.
Exceptio probat regulam de rebus non exceptis
An exception proves a rule concerning things not excepted.
Exceptio quae firmat legem exponit legem.
An exception that confirms the law expounds the law.
Exceptio quoque regulam declarat
The exception also declares the rule.
Exceptio semper ultima ponenda est
An exception is always to be put last.
Exception
n. 1. A formal objection to a court's ruling by a party who wants to preserve the objection for appeal <the prosecutor stated her exception to the court's ruling disallowing the witness's testimony>. ( In federal courts and most state courts, the term exception has been superseded by objection. The following quotation reflects former practice: "The exception must be distinguished from the objection. Many counsel are heard carelessly saying 'I except' when the thing they are doing is 'I object.' The exception serves an entirely distinct purpose from the objection, -a double purpose, in fact. It warns the judge and the other party that the excepter is not satisfied with the ruling and takes issue with a view to appeal; and it sums up and preserves the precise terms of the ruling. The proponent of the evidence is the excepter if the ruling excludes the evidence; but if it admits the evidence, the opponent of the evidence is the excepter. Thus the excepter and the objector are not necessarily the same parties." John H. Wigmore, A Students' Textbook of the Law of Evidence 421 (1935).
Interdum venit ut exceptio quae prima facie junta videtur tamen inique noceat.
It sometimes happens that a plea that seems prima facie just is nevertheless injurious and unfair.
Judicis est in pronuntiando sequi regulam, exceptione non probata
It is the proper role of a judge in rendering his decision to follow the rule, when the exception has not been proved.
Non debet adduci exceptio ejus rei cujus petitur dissolutio
An exception (or plea) should not be made upon the very matter of which a determination is sought (in the case at hand).
Non potest adduci exceptio ejusdem rei cujus petitur dissolutio
An exception cannot be brought upon the same matter whose determination is at issue (in the action at hand).
Non valet exceptio ejusdem rei cujus petitur dissolutio
An exception based on the very matter of which the determination is sought is not valid.
Omnis exceptio est ipsa quoque regula
Every exception is itself also a rule.
Omnis regula suas patitur exceptions
Every rule of law allows its own exceptions.
Repellitur exceptione cedendarum actionum
(The litigant) is defeated by the plea that the actions have been assigned.
Secta est pugna civilis, sicut actores armantur actionibus, et quasi accinguntur gladiis, its rei (e contra) muniuntur exceptionibus, et defenduntur quasi clypeis
A suit is a civil battle; just as the plaintiffs are armed with actions and, as it were, girded with swords, so (against them) the defendants are fortified with pleas, and defended as though by shields.
Si quis cum totum petiisset partem petat, exceptio rei judicatae vocet
If anyone sues for a part when he should have sued for the whole, the judgment should constitute res judicata (against another suit).
Toute exception non surveillee tend d prendre la place du principe
Every exception not watched tends to assume the place of the principle.
Ubi quid generaliter conceditur, inest but exceptio, si non aliquid sit contra jus faa que
Where a thing is granted in general term this exception is implied: if there is not am, thing contrary to law and right.
administrative-convenience exception
Bankruptcy. A provision permitting a bankruptcy plan to have a separate classification for small, unsecured claims, to the extent that the separate classification will assist in a more efficient disposition of the estate, as by paying or eliminating the small claims earlier than other claims. 11 USCA ยง 1122(b).
bill of exceptions.
See BILL (2).
business-records exception
Evidence. A hearsay exception allowing business records (such as reports or memoranda) to be admitted into evidence if they were prepared in the ordinary course of business. Fed. R. Evid. 803 (6) Also termed business-entry rule. business-risk exclusion . See EXCLUSION(3)
coconspirator's exception
An exception to the hearsay rule whereby one conspirator's acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant's absence. - Also termed coconspirator's rule. See HEARSAY.
commercial-activity exception
An exemption from the rule of sovereign immunity, permitting a claim against a foreign state if the claim arises from private acts undertaken by the foreign state, as opposed to the state's public acts. See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY; JURE GESTIONIS; JURE IMPERIL
common-knowledge exception
The principle that lay testimony concerning routine or simple medical procedures is admissible to establish negligence in a medical-malpractice action. ( This is a narrow exception in some jurisdictions to the rule that a medical-malpractice plaintiff must present expert testimony to establish negligence.
crime-fraud exception
The doctrine that neither the attorney-client privilege nor the attorney-work-product privilege protects attorneyclient communications that are in furtherance of a current or planned crime or fraud. Clark u. United States, 289 U.S. 1, 53 S.Ct. 465 (1933); In re Grand Jury Subpoena Duces Tecum, 731 F.2d 1032 (2d Cir. 1984).
de ponendo sigillum ad exceptionem
n. [Law Latin "for putting a seal to an exception"] Hist. A writ directing justices of assize to preserve exceptions taken by a party in a case.
declinatory exception
A dilatory objection to a court's jurisdiction.
dilatory exception
An exception intended to delay but not dismiss an action.
dilatory exception.
See EXCEPTION (1,
exceptio dilatoria
A dilatory exception; an exception that defeated the action for a time and creates a delay, such as an agreement not to sue within a certain time.
exceptio doli mali
An exception or plea of fraud.
exceptio dominii
A claim of ownership by the defendant in an action to recover property not in the plaintiff's possession.
exceptio dotis cautae non numeratae
A defense to an action for the restitution of dowry, asserting that, although promised, dowry was never paid.
exceptio in factum
An exception on the fact; an exception or plea founded on the peculiar circumstances of a case.
exceptio in personam
A plea or defense of a personal nature that only the person to whom it is granted by law may assert.
exceptio in rem
A plea or defense that is not of a personal nature but is connected with the legal circumstances on which the suit is founded, and that may therefore be alleged by any party in interest, such as an heir or surety of the proper or original debtor.
exceptio jurisjurandi
An exception of oath; an exception or plea that the matter had been sworn to. ( This kind of exception was allowed if a debtor, at a creditor's instance, had sworn that nothing was due the creditor, but the creditor sued anyway.
exceptio metus
An exception or plea of fear or compulsion.
exceptio non adimpleti contractus
An exception in a contract action involving mutual duties or obligations, to the effect that the plaintiff may not sue if the plaintiff's own obligations have not been performed.
exceptio non solutae pecuniae
A plea that the debt at issue in the suit was not discharged by payment (as the adverse party alleged), notwithstanding the existence of a receipt or acquittance reflecting payment.
exceptio pacti conventi
An exception of compact; an exception or plea that the plaintiff had agreed not to sue.
exceptio pecuniae non numeratae
An exception or plea of money not paid; a defense by a party who was sued on a promise to repay money that was never received.
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.
exceptio plurium concubentium
The plea or defense in a paternity action that the plaintiff had several lovers.
exceptio rei judicatae
An exception or plea of matter adjudged; a plea that the subject matter of the action had been determined in a previous action.