Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Actio non datur non damnificato
An action is not given to one who is not injured.
Aedificatum solo solo cedit
What is built upon the land goes with the land.
Ambiguitas verborum latens verifacatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur
A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence.
Ambiguitas verborum patens nulla verificatione excluditur.
A patent ambiguity is not removed by extrinsic evidence (or is never helped by averment).
Bad-boy disqualification
an issuer's disqualification from certain sec-registration exemptions as a result of the issuer's securities-law violations.
Certificate
n. 1. A document in which a fact is formally attested <death certificate>.face-amount certificate. Securities. 1. A certificate, investment contract, or other security representing an obligation by its issuer to pay a stated or determinable sum, at a fixed or determinable date or dates more than 24 months after the date of issuance, in consideration of the payment of periodic installments of a stated or determinable amount. -Also termed face-amount certificate of the installment type. 2. A security representing a similar obligation on the part of the issuer of a face-amount certificate, the consideration for which is the payment of a single lump sum. - Also termed fully paid face-amount certificate. See 15 USCA § 80a-2(a)(15).periodic-payment-plan certificate. A certificate, investment contract, or other security providing for a series of periodic payments by the holder and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of those payments. ( The term also includes any security whose issuer is also issuing the certificates described above and whose holder has substantially the same rights and privileges as those holders have upon completing the periodic payments for which the securities provide. See 15 USCA § 80a-2(a)(27).
Certification
n. 1. The act of attesting. 2. The state of having been attested. 3. An attested statement. 4. The writing on the face of a check by which it is certified. 5. A procedure by which a U.S. court of appeals asks the U.S. Supreme Court or the highest state court to review a question of law arising in a case pending before it on which the court of appeals needs guidance. See 15 USCA § 1254(2). Cf. CERTIORARI.
Codification
n. 1. The process of compiling, arranging, and systematizing the laws of a given jurisdiction, or of a discrete branch of the law, into an ordered code. 2. The code that results from this process. - codify (kod-a-fl), ub. - codifier (kod-a-fl-ar), n.
DNA identification
A method of comparing a person's deoxyribonucleic acid (DNA) - a patterned chemical structure of genetic information - with the DNA in a biological specimen (such as blood, tissue, or hair) to determine if the person is the source of the specimen. -Also termed DNA fingerprinting; genetic fingerprinting. Cf. HLA TEST.
Damnification
n. Something that causes damage < damnification in the form of a penalty>.
Diversification
n. 1. A company's movement into a broader range of products, usu. by buying firms already serving the market or by expanding existing operations <the soft-drink company's diversification into the potato-chip market has increased its profits>. 2. The act of investing in a wide range of companies to reduce the risk if one sector of the market suffers losses <the prudent investor's diversification of the portfolio among 12 companies>. - diversify, vb.
Employee's Withholding Allowance Certificate
See W-4 FORM.
Exemplification
n. An official transcript of a public record, authenticated as a true copy for use as evidence. - exemplify, vb.
Exemplificatione
[Latin] A writ granted for the exemplifica tion or transcript of an original record.
FICA
abbr. FEDERAL INSURANCE CONTRI. BUTIONS ACT.
Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum
Fc lony, by force of the term, signifies any capital crime perpetrated with a malicious intent.
Gentrification
n. The restoration and upgrading of a deteriorated or aging urban neighborhood by middle-class or affluent persons, resulting in increased property values and often in displacement of lower-income residents. -gentrify, ub.
In ambigua voce legis ea potius accipienda est significatio quae vitio caret; praesertim cum etiam voluntas legis ex hoc colligi possit.
In an ambiguous expression of the law, the meaning will be preferred that is free of defect, especially when the intent of the law can be gathered from it.
Justification
n. 1 A lawful or sufficient reason for one's acts or omissions. 2. A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. - Also termed justification defense; necessity defense. 3. A surety's proof of having enough money or credit to provide security for the party for whom it is required. - justify, ub. - justificatory (jas-ti-fi-ka-tor-ee), adj. "A little bit of history: the term 'justification' was formerly used for cases where the aim of the law was not frustrated, while 'excuse' was used for cases where it was not thought proper to punish. Killing a dangerous criminal who had tried to avoid arrest was justified, since the law (if one may personify) wished this to happen, whereas killing in self-defence was merely excused. The distinction was important because justification was a defence to the criminal charge while an excuse was not, being merely the occasion for a royal pardon. By the end of the middle ages (it is difficult to assign a fixed date) even excuses were recognised by the courts, since when there has heel) nn reason to distinsuish between justifration and excuse." Glanville Williams, Textbook of Criminal Law 39 (1978).
Justificatory
Hist. 1. A compurgator who testifies under oath in defense of an accused person. 2. A juror.
Lex non requirit verificari quod apparet curiae
The law does not require that to be proved which is apparent to the court.
Loopification
n. In critical legal studies, the collapse of a legal distinction resulting when the two ends of a continuum become so similar that they become indistinguishable <it may be impossible to distinguish "public" from "private" because of loopification>. - loopify, vb.
Malleus Maleficarum
[Latin "Hammer of Witches"] Hist. An encyclopedic work of demonology and witchcraft, prepared in 1486 by two Dominican friars (Heinrich Kraemer and Johann Sprenger) as part of their efforts to eradicate witchcraft in Germany. ( The Malleus Maleficarum was based largely on folk beliefs, but it was relied on as an authoritative source on how to detect, extract confessions from, and prosecute witches for several centuries after it first appeared. Mallory ruleSee MCNABB-MALLORY RULE.
Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem
We must depart from the (ordinary) significance of words only when it is evident that the testator had a different understanding. Dig. 32.69. pr.
Omne quod solo inaedificatur solo cedit
Everything that is built on the soil belongs to the soil.
Possessio pacifica per annos 60 facit jus
Peaceable possession for 60 years gives a right.
Qualification
1. The possession of qualities or properties (such as fitness or capacity) inherently or legally necessary to make one eligible for a position or office, or to perform a public duty or function <voter qualification requires one to meet residency, age, and registration requirements>. 2. A modification or limitation of terms or language; esp., a restriction of terms that would otherwise be interpreted broadly <the contract contained a qualification requiring the lessor's permission before exercising the right to sublet>. 3. CHARACTERIZATION (1). - qualify, vb.
Quod constat clare, non debet verificari
What is clearly agreed need not be proved.
Quod solo inaedificatur solo cedit
Whatever is built on the soil goes with the soil.
Solo cedit quod solo inaedificatur
Whatever is built on the soil belongs to the soil.
Specification
1 The act of making a detailed statement, esp. of the measurements, quality, materials, or other items to be provided under a contract. 2. The statement so made. 3. Patents. A patent applicant's written description of how an invention is constructed and used. Cf. CLAIM (6). 4. Military law. A statement of charges against one who is accused of a military offense. 5. The acquisition of title to materials belonging to another person by converting those materials into a new and different form, as by changing grapes into wine, lumber into shelving, or corn into liquor. ( The effect is that the original owner of the materials loses the property rights in them and is left with a right of action for their original value. - Abbr. spec.
Verba ordinationis, quando verificari possunt in sua vera significatione, trahi ad extraneum intellectum non debent
When the words of an ordinance can be made true in their true signification, they ought not to be warped to a foreign meaning.
Verba strictae significationis ad latam extendi possunt, si subsit ratio
Words of a strict signification can be given a wide signification if there is reason for it.
Verbum imperfecti temporis rem adhuc imperfectam significant
The verb in the imperfect tense indicates a matter as yet incomplete.
Verification
n. 1. A formal declaration made in the presence of an authorized officer, such as a notary public, by which one swears to the truth of the statements in the document. ( Traditionally, a verification is used as a conclusion for all pleadings that do not tender issue. Cf. ACKNOWLEDGMENT (4). 2. An oath or affirmation that an authorized officer administers to an affiant or deponent. 3. Loosely, ACKNOWLEDGMENT (5). 4. See certified copy under COPY. 5. CERTIFICATE OF AUTHORITY. 6. Any act of notarizing. - verify, vb. - verifier, n. Cf. ,IURAT (i).
Worker Adjustment and Retraining Notification Act
A federal law that requires an employer to provide notice of a plant closing or mass layoff, 60 days before the closing or layoff, to the employees, the state-dislocated-workers unit, and the chief elected official of the unit of local government where the plant closing or layoff is to occur. 29 USCA §§ 2101-2109. -Abbr. WARN.
ad testificandum
[latin] to testify. see habeas corpus ad testificandum under habeas corpus; subpoena ad testificandurn under subpoena.
aedificare
vb. [latin] roman law. to erect a building.
airman's certificate
a license that every aircraft pilot must have to operate an aircraft in u.s. airspace. 49 usca §§ 44701-44711; 14 cfr § 61.3.
allotment certificate
securities. a document that records the essential elements of a subscription of shares, as how many shares are to be purchased, the price to be paid, and the payment and delivery schedule.
benefit certificate.
A written obligation to pay a named person a specified amount upon stipulated conditions. 0 Benefit certificates are often issued by fraternal and beneficial societies.
birth certificate.
A formal document that records a person's birthdate, birthplace, and parentage.
bona fide occupational qualification.
An employment qualification that, although it may discriminate against a protected class (such as sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary to the operation of the particular business. 0 Such a qualification is not illegal under federal employment-discrimination laws. - Abbr. BFOQ. "The bona fide occupational qualification is a complete defense. It is invoked when the defendant makes a distinction expressly forbidden by Title VII, such as the refusal to hire women or women with preschool-age children, the reassignment of pregnant employees, or the exclusion of particular ethnic groups from particular jobs .... The employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification. The fact that the employer adopted the exclusion for invidious reasons, rather
bonification
A tax remission, usu. on goods intended for export. 0 Boni-fication enables a commodity to be sold in a foreign market as if it had not been taxed.
car trust certificate
See EQUIPMENT TRUST CERTIFICATE.
certificando de recognitione stapulae
[Law Latin "by certifying the recognition of the statute staple"] Hist. A writ commanding the holder of certain commercial debt instruments (i.e., the mayor of the staple) to certify to the lord chancellor the existence and terms of a statute staple (i.e., a bond for com-mercial debt) wrongfully detained by a party to the bond. See STATUTE STAPLE.
certificate creditor
A creditor of a municipal corporation who receives a certificate of indebtedness rather than payment because the municipality cannot pay the debt. Cf. warrant creditor.
certificate into chancery
English law. The decision of a common-law court on a legal question submitted by the chancery court.
certificate land
Land in the western part of Pennsylvania set apart after the American Revolution to be bought with certificates the soldiers received in lieu of pay.
certificate of acknowledgment
See Ac. KNOWLEDGMENT (5).