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 nulla est versus actionem quae exceptionem perimit
There is no exception against an action that extinguishes the exception.
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 ( In federal courts and most state courts, the term exception has been superseded by objection.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).
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.
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.
Toute exception non surveillee tend d prendre la place du principe
Every exception not watched tends to assume the place of the principle.
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 § 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,
general exception
See EXCEPTION (1),
good-faith exception
Criminal procedure. An exception to the exclusionary rule whereby evidence obtained under a warrant later found to be unsupported by probable cause is nonetheless admissible if the police reasonably relied on the notion that the warrant was valid. 0 The good-faith exception was adopted by the Supreme Court in United States u. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984).
judicial-economy exception
An exemption from the final judgment rule, by which a party may seek immediate appellate review of a nonfinal order if doing so might establish a final or nearly final disposition of the entire suit. See FINAL-JUDGMENT RULE. judicial estoppel See ESTOPPEL.
legal-advice exception
1 The rule that an attorney may withhold as privileged the client's identity and information regarding fees, if there is a strong probability that disclosing the information would implicate the client in the criminal activity for which the attorney was consulted. 2. An exemption contained in open meetings legislation, permitting a governmental body to meet in closed session to consult with its attorney about certain matters.
malice exception
A limitation on a public official's qualified immunity, by which the official can face civil liability for willfully exercising discretion in a way that violates a known or well-established right. See qualified immunity under IMMUNITY (1).
medical-emergency exception
Criminal lain. The principle that a police officer does not need a warrant to enter a person's home if the entrance is made to render aid to someone whom the officer reasonably believes to be in need of immediate assistance.
merchant exception
Contracts. An exemption from the statute of frauds making a contract between merchants enforceable if, within a reasonable time after they reach an oral agreement, a written confirmation of the terms is sent, to which the recipient does not object within ten days of receiving it. ( The only effect of failing to object to the written confirmation is that the recipient will be precluded from relying on the statute of frauds - or the lack of a formal, written agreement - as a defense to a breach-of-contract claim. The party seeking to enforce an agreement must still prove that an agreement was reached. UCC § 2-201(2).
patient-litigant exception.
An exemption from the doctor-patient privilege, whereby the privilege is lost when the patient sues the doctor for negligence malpractice
peremptory exception
See EXCEPTION
ponendo sigillum ad exceptionem
See DE PONENDO SIGILLUM AD EXCEPTIONEM.
public-interest exception
The principle that an appellate court may consider and decide a moot case - although such decisions are generally prohibited - if (1) the case involves a question of considerable public importance, (2) the question is likely to arise in the future, and (3) the question has evaded appellate review.
scrivener's exception
An exemption from the attorney-client privilege whereby the privilege does not attach if the attorney is retained solely to perform a ministerial task for the client, such as preparing a statutory-form deed.
sham exception
An exception to the Noerr-Pennington doctrine whereby a company that petitions the government will not receive First Amendment protection or an exemption from the antitrust laws if its intent in petitioning the government is really an effort to harm its competitors rather than to obtain favorable governmental action. - Also termed sham petitioning; sham litigation. See NOERR~PENNINGTON DOCTRINE.
skeleton bill of exceptions
See BILL
skeleton bill of exceptions.
A bill of exceptions that, in addition to the formal parts, contains only the court's directions to the clerk to copy or insert necessary documents into the record for appellate review, but does not contain the actual evidence or trial-court rulings. 0 For example, the statement "the clerk will insert the official transcript here" is typically a skeleton bill.
special exception
See SPECIAL EXCEPTION. 2. Something that is excluded from a rule's operation <employers with fewer than five employees are an exception to the rule>.
special-duty exception
1 SPECIAL-DUTY DOCTRINE. 2. SPECIAL-ERRAND DOCTRINE.
special-mission exception
See SPECIAL-ERRAND DOCTRINE.
state-of-mind exception
Evidence. The principle that an out-of-court declaration of an existing motive is admissible, even when the declarant cannot testify in person. ( This principle constitutes an exception to the hearsay rule.
statutory exception
A provision in a statute exempting certain persons or conduct from the statute's operation. 3. The retention of an existing right or interest, by and for the grantor, in real property being granted to another. Cf. RESERVATION (1). - except, vb.
useless-gesture exception
Criminal procedure. An exception to the knock-and-announce rule by which police are excused from having to announce their purpose before entering the premises to execute a warrant when it is evident from the circumstances that the authority and purpose of the police are known to those inside. See KNOCK-AND-ANNOUNCE RULE.