Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Clausula generalis non refertur ad expressa
A general clause does not refer to things expressly mentioned.
Designatio unius est exclusio alterius, et expressum facit cessare tacitum
The designation of one is the exclusion of the other; and what is expressed prevails over what is implied.
Express
adj. Clearly and unmistakably communicated; directly stated. - expressly, adu. Cf IMPLIED.
Express AMNEST
See AMNEST
Express assent
assent that is clearly and unmistakably communicated.
Express authority
authority given to the agent by explicit agreement, either orally or in writing. - also termed stipulated authority.
Express malice
See malice
Express notice
See NOTICE.
Expressa nocent, non expressa non nocent.
Things expressed do harm; things not expressed do not.
Expressa non prosunt quae non expressa proderunt
There is no benefit in expressing what will benefit when unexpressed.
Expressed
adj. Declared in direct terms; stated in words; not left to inference or implication.
Expressio eorum quae tacite insunt nihil operatur
The expression of those things that are tacitly implied is of no consequence.
Expressio unius est exclusio alterius
The expression of one thing is the exclusion of another. a Also termed Inclusio unius est exclusio alterius or enumeratio unius est exclusao alterius.
Expressum facit cessare tacitum
Something expressed nullifies what is unexpressed.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa ftenda est
Whenever there is no ambiguity in the words, then no exposition contrary to the words is to be made.
Roy West lie per ascun statute, si il ne soit expressement nosme
The king is not bound by any statute, if he is not expressly named.
Suppressio veri, expressio falsi
Suppression of the truth (is equivalent to) the expression of what is false.
Tacita quaedam habentur pro expressis
Certain things though unexpressed are consid- ered as expressed.
Voluntas donatoris in charta doni sui manifeste expressa observetur
The will of the donor, if clearly expressed in the deed of his gift, should be observed.
estate on condition expressed
See ESTATE.
express abrogation
The repeal of a law or provision by a later one that refers directly to it; abrogation by express provision or enact ment.
express acceptance
See Acceptance (4).
express active trust
An active trust created under a will that confers upon the executor authority to generally manage the estate property and pay over the net income to the devisees or legatees.
express actual knowledge
See actual knowledge (1).
express agency
See A express amnesty.
express agency.
An actual agency arising from the principal's written or oral authorization of a person to act as the principal's agent. cf. implied agency.
express amnesty.
amnesty granted in direct terms.
express assent
See ASSENT.
express assumpsit
See special, assumpsit under ASSUMPSIT.
express authority
See AUTHORITY
express color
A feigned matter pleaded by the defendant in an action of trespass, from which the plaintiff seems to have a good -•laim while in truth the plaintiff has only the appearance of one. 0 This pleading was abolished by the Common-Law Procedure Act of 1852, 15 & 16 Vict., ch. 76, § 64."Express color is a fictitious allegation, not traversable, to give an appearance of right to the plaintiff, and thus enable the defendant to plead specially his own title, which would otherwise amount to the general issue. It is a licensed evasion of the rule against pleading contradictory matter specially." Benjamin J. Shipman, Handbook of Common-Law Pleading § 202, at 351 (Henry Winthrop Ballantine ed., 3d ed. 1923).
express condition
A condition that is explicitly stated in an instrument; esp., a contractual condition that the parties have reduced to writing.
express consent
See consent
express consideration
Consideration that is specifically stated in an instrument.
express contract
A contract whose terms the parties have explicitly set out. - Also termed special contract. Cf. implied contract.
express covenant
A covenant created by the words of the parties. - Also termed covenant in deed. Cf. implied covenant.
express dedication
A dedication explicitly manifested by the owner.
express dissatisfaction
Wills & estates. A beneficiary's contesting of a will or objecting to any provision of the will in a probate proceeding.
express malice
1. Criminal law. The intent to kill or seriously injure arising from a deliberate, rational mind. 2. See actual malice (1). 3. Defamation. The bad-faith publication of defamatory material.
express notice
Actual knowledge or notice given to a party directly, not arising from any inference, duty, or inquiry.
express power
See enumerated power under POWER.
express private passive trust
A trust in which land is conveyed to or held by one person in trust for another, without any power being expressly or impliedly given to the trustee to take actual possession of the land or exercise any ownership rights over it, except at the beneficiary's direction.
express repeal
See REPEAL.
express republication
A testator's repeating of the acts essential to a will's valid execution, with the avowed intent of republishing the will. See REPUBLICATION (2).
express trust
A trust created with the sett1or's express intent, usu. declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust. - Also termed direct trust.
express waiver
A voluntary and intentional waiver.
express warranty
See WARRANTY (2).
expressio unius est exclusio alterius
[Law Latin] A canon of construction holding that to express or include one thing implies the exclusion of the other, or of the alternative. ( For example, the rule that "each citizen is entitled to vote" implies that noncitizens are not entitled to vote. - Also termed inclusio unius est exclusio alterius; expressum facit cessare tacitum. Cf. EJUSDEM GENERIS; NOSCITUR A SOCIIS; RULE OF RANK. "Several Latin maxims masquerade as rules of interpretation while doing nothing more than describing results reached by other means. The best example is probably expressio unius est exclusio alterius, which is a rather elaborate, mysterious sounding, and anachronistic way of describing the negative implication. Far from being a rule, it is not even lexicographically accurate, because it is simply not true, generally, that the mere express conferral of a right or privilege in one kind of situation implies the denial of the equivalent right or privilege in other kinds. Sometimes it does and sometimes it does not, and whether it does or does not depends on the particular circumstances of context. Without contextual support, therefore, there is not even a mild presumption here. Accordingly, the maxim is at best a description, after the fact, of what the court has discovered from context." Reed Dickerson, The Interpretation and Application of Statutes 234-35 (1975). "The canon expressio unius est exclusio alterius is ... based on the assumption of legislative omniscience, because it would make sense only if all omissions in legislative drafting were deliberate. Although this canon seemed dead for a while, it has been resurrected by the Supreme Court to provide a basis for refusing to create private remedies for certain statutory violations. Its recent disparagement by a unanimous Court [in Herman & MacLean v. Huddleston, 459 U.S. 375, 386 n.23, 103 S.Ct. 683, 690 n. 23 (1983)] puts its future in some doubt but more likely confirms that judicial use of canons of construction is opportunistic." Richard A. Posner, The Federal Courts: Crisis and Reform 282 (1985).
expression, freedom of
See FREEDOM OF EXPRESSION.
expressum facit cessare tacitum
See ExPRESSIO UNIUS EST EXCLUSIO ALTERIUS.