Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Automobile exclusion
see exclusion (3)
Exclusion
n. 1. Tax. An item of income excluded from gross income. - Also termed income exclusion.
absolute pollution exclusion
See pollution exclusion under EXCLUSION (3).
annual exclusion
see exclusion (1).
annual gift-tax exclusion
see annual exclusion under exclusion.
automobile exclusion
A provision in some commercial general liability policies, excluding coverage for damages arising from the use (including loading and unloading) of an automobile, aircraft, or other motor vehicle owned, operated, rented, or borrowed by the insured.
business-risk exclusion
An exclusion in some commercial general liability policies, excluding coverage for common risks of doing business, including harm to the insured's product or work, damages arising from a product recall, damages arising from the insured's failure to perform under a contract, or damages arising from a failure of the insured's product to perform as intended.
design-defect exclusion
See EXCLUSION (3).
employee-liability exclusion
A provision in some commercial general liability policies, excluding coverage for injury to an employee (or a member of the employee's family), arising from and in the course of employment with the insured. ( This exclusion is generally intended to exclude from coverage all injuries covered by the workers'-compensation laws.
employment-related-practices exclusion
A provision in some commercial general liability policies, excluding coverage for damages arising from an insured's employment practices, including any policy, action, or omission - such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination -that is directed at the person injured.
exclusion a
See expected/intended exclusion under EXCLUSION (3).
exclusionary hearing
A pretrial hearing conducted to review and determine the admissibility of alleged illegally obtained evidence.
exclusionary rule
1. Evidence. Any rule that excludes or suppresses evidence that does not satisfy a minimum standard of probative value <despite many exceptions, hearsay has long been inadmissible under an exclusionary rule>. 2. Criminal procedure. A rule that excludes or suppresses evidence obtained in violation of an accused person's constitutional rights <in accordance with the exclusionary rule, the court did not admit the drugs into evidence because they had been obtained during a warrantless search of the defendant's home>. See FRUIT-OFTHE-POISONOUS-TREE DOCTRINE; GOOD-FAITH EXCEPTION. "The deterrence of unreasonable searches and seizures is a major purpose of the exclusionary rule .... But the rule serves other purposes as well. There is, for example, . . . 'the imperative of judicial integrity,' namely, that the courts do not become 'accomplices in willful disobedience of a Constitution they are sworn to uphold.' . . . A third purpose of the exclusionary rule . . . is that of 'assuring the people - all potential victims of unlawful government conduct - that the government would not profit from its lawless behavior, thus minimizing the risk of seriously undermining popular trust in the government.'" Wayne R. LaFave & Jerold H. Israel, Criminal Procedure § 3.1, at 107 (2d ed. 1992) (quoting Elkins u. United States, 364 U.S. 206, 80 S.Ct. 1437 (1960); United States u. Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974) (dissent) "In the simplest of exclusionary rule cases, the challenged evidence is quite clearly 'direct' or 'primary' in its relationship to the prior arrest, search, interrogation, lineup or other identification procedure. Such is the case when that evidence is an identification occurring at the confrontation between suspect and victim or witness, a confession or admission made in response to questioning, or physical evidence obtained by search or arrest. Not infrequently, however, challenged evidence is 'secondary' or 'derivative' in character. This occurs when, for example, a confession is obtained after an illegal arrest, physical evidence is located after an illegally obtained confession, or an in-court identification is made following an illegally conducted pretrial identification. In these situations, it is necessary to determine whether the derivative evidence is 'tainted' by the prior constitutional or other violation." Wayne R. LaFave & Jerold H. Israel, Criminal Procedure § 9.3, at 471 (2d ed. 1992).
exclusionary zoning
See ZONING.
exclusionary zoning.
Zoning that excludes a specific class type of business from a district.
expected/intended exclusion
A provision in some commercial general liability policies, excluding coverage for property damage or bodily injury that is expected or intended by the insured, except any harm arising from the use of reasonable force to protect a person or property. ( This exclusion is sometimes referred to as "exclusion a" because it is the first exclusion listed on most policies. - Also termed exclusion a; intentional-injury exclusion.
failure-to-perform exclusion
A provision in some commercial general liability policies, excluding coverage for (1) the loss of use of undamaged property resulting from the in- sured's delay or failure in performing an obligation, or (2) a design defect or failure in the insured's product. - Also termed loss-of-use exclusion.
foreign-earned-income exclusion
The Internal Revenue Code provision that excludes from taxation a limited amount of income earned by nonresident taxpayers outside the United States. ( The taxpayer must elect between this exclusion and the foreign tax credit. IRC (26 USCA) § 911(a), (b). See foreign tax credit under TAX CREDIT.
income exclusion
See EXCLUSION.
intentional-injury exclusion
See expected/intended exclusion under EXCLUSION (3).
knowledge-of-falsity exclusion
A provision in some commercial general liability policies, excluding coverage for damages arising from an oral or written communication made by the insured with knowledge that it is false.
loss-of-use exclusion
See failure-to-perform exclusion under EXCLUSION (3).
named-insured exclusion
An exclusion limiting liability-insurance coverage to a named insured whose injuries were caused by another named insured under the same insurance policy.
own product exclusion
A provision in some commercial general liability policies, excluding coverage for property damage to a product that is manufactured, sold, handled, distributed, or disposed of by the insured.
own-product exclusion
See EXCLUSION (3).
own-work exclusion
A provision in some commercial general liability policies, excluding coverage for damage to the work or services performed by the insured.
owned property exclusion
A provision in some commercial general liability policies, ex cluding coverage for damage to any of the following: (1) property owned, rented, occu pied, sold, given away, or abandoned by the insured, (2) personal property in the care, custody, or control of the insured, or (3) prop erty located where the insured and its em ployees work.
owned-property exclusion
See EXCLUSION (3).
pollution exclusion
A provision in some commercial general liability policies, excluding coverage for bodily injury or property damages arising from the discharge, dispersal, release, or escape of chemicals, waste, acid, and other pollutants. 0 Pollution-exclusion clauses may take one of two forms: (1) sudden and accidental, and (2) absolute. The sudden-and-accidental clause, usu. limited to polices issued before 1985, contains an exception under which the damages are covered (i.e., exempted from the exclusion) if the discharge or other release was sudden and accidental. The absolute pollution exclusion, in most policies issued since 1985, does not contain this exception.
recall exclusion
See sistership exclusion under EXCLUSION (3).
sistership exclusion
A provision in some commercial general liability policies, excluding coverage for damages arising from the withdrawal, inspection, repair, replacement, or loss of use of the insured's product or work, to the extent that the product or work is withdrawn or recalled from the market because of a known or suspected defect or deficiency. - Also termed recall exclusion.
sudden-and-accidental pollution exclusion
See pollution exclusion under EXCLUSION (3).