Legal Dictionary of Pakistan

Actus me invito factus non est meus actus

An act done (by me) against my will is not my act.

Ad quaestiones facti non respondent judices; ad quaestiones legis non respondent juratores

Judges do not answer questions of fact; jurors do not answer questions of law.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The assessment of a past offense never increases from a subsequent fact.

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.

Arresto facto super bonis mercatorum alienigenorum

[latin "seizure of the goods of foreign merchants"] hist. A writ to seize the goods of an alien, taken in recompense of goods taken from an english subject living abroad.

Article of manufacture

see manufacture.

Association-in-fact enterprise

under rico, a group of people or entities that have not formed a legal entity, but that have a common or shared purpose, and maintain an ongoing organizational structure through which the associates function as a continuing unit. 0 a rico violation is not shown merely by proving that an enterprise, including an association-infact, exists. A pattern of racketeering activity must also be proved. 18 usca § 1961(4); united states v. Turkette, 452 u.s. 576, 101 s.ct. 2524 (1981).

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Before the fact.

prior to an event of legal significance.

Bis idem exigi bona fides non patitur, et in satisfactionibus non permittitur amplius fieri quam semel factum est

Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.

Clam factum id videtur esse, quod quisque, quum controversiam haberet, habiturumve se putaret, fecit

That is considered done secretly which someone did when he had a legal dispute or thought he would have one.

Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur

A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards. ( A useless clause or disposition is one that expresses no more than the law by intendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might be material, or by a cause arising afterwards that may induce an operation of those idle words.

Confessio facta in judicio amni probatione major est

A confession made in court is of greater effect than any proof.

Contrafactio

[Law Latin] Hist. The act of counterfeiting. The word appeared frequently in the phrase contrafactio sigilli regis ("counterfeiting the king's seal").

Cum legitimae nuptiae factae sunt, patrem liberi sequuntur

Children born under a legitimate marriage follow the condition of the father.

De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti

The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact.

De jure judices, de facto juratores, respon

dent. The judges answer regarding the law, the jury on the facts.

Electio semel facta, et placitum testatum, non patitur regressum

An election once made, and a plea witnessed (or intent shown), allows no going back.

Ex Post Facto Clause

One of two clauses in the U.S. Constitution forbidding the enactment of ex post facto laws. U.S. Const. art. I, § 9; art. I, § 10.

Ex facto jus oritur

The law arises out of the fact.

Fact

1. Something that actually exists; an aspect of reality <it is a fact that all people are mortal>. 2. An actual or alleged event or circumstance, as distinguished from its legal effect, consequence, or interpretation <the jury made a finding of fact>. 3. An evil deed; a crime <an accessory after the fact>. "A fact is any act or condition of things, assumed (for the moment) as happening or existing." John H. Wigmore, A Students' Textbook of the Law of Evidence 7 (1935).

Facta sunt potentiora verbis

Deeds (or facts) are more powerful than words.

Facta tenent multa quae fieri prohibentur.

Deeds contain many things that are prohibited to be done.

Facto

See DE FACTO; IPSO FACTO.

Factorage

1. The compensation paid to a factor for his or her services. 2. The business of a factor.

Factoring

n. The buying of accounts receivable at a discount. 0 The price is discounted because the factor (who buys them) assumes the risk of delay in collection and loss on the accounts receivable.

Factorize

vb. See GARNISH.

Factum a judice quod ad ejus officium non spectat, non ratum est

A judge's act that does not pertain to his office is of no force.

Factum cuique suum, non adversario, nocere debet

Anyone's act should injure himself, not his adversary.

Factum infectum ieri nequit

What is done cannot be undone.

Factum negantis nulla probation

No proof is incumbent on a person who denies a fact.

Factum non dicitur quod non perseverat.

That is not said to be done which does not last.

Factum unius alteri nocere non debet

The deed of one should not hurt the other.

Fieri non debet, sed factum valet

It ought not to be done, but if done it is valid.

Forisfactum

adj. [Law Latin] Hist. (Of property) forfeited.

Id quod nostrum est sine facto nostro ad alium transferri non potest.

What belongs to us cannot be transferred to another without our act (or deed).

Ignorantia excusatur non juris sed facti.

Ignorance of fact is excused but not ignorance of law.

Ignorantia facti excusat, ignorantia jurisnon excusat

Ignorance of fact excuses; igno rance of law does not excuse. ( Every person must be considered cognizant of the law; other wise, there is no limit to the excuse of ignorance.

In criminalibus suicit generalis malitia intentionis cum facto paris gradus

In criminal cases, a general malice of intention is sufficient if combined with an act of equal or corresponding degree.

In criminalibus voluntas reputabitur pro facto

In criminal matters, the intent will be reckoned as the deed. ( In criminal attempts or conspiracy, the intention is considered in place of the act. 3 Inst. 106.

In facto quod se habet ad bonum et malum magis de bona quam de malo lex intendit.

In an act (or deed) that may be considered good or bad, the law looks more to the good than to the bad.

In satisfactionibus non permittitur amplius fieri quam semel factum est

In payments, it is not permitted that more be received than has been received once for all (i.e., after payment in full).

In traditionibus scriptorum (chartarum) non quod dictum est, sed quod gestum (factum) est, inspicitur

In the delivery of writings (deeds), not what is said but what is done is to be considered.

Incaute factum pro non facto habetur

An alteration done carelessly (inadvertently) will be taken as not done. Dig. 28.4.1.

Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum

An injury is done to the person of whom an insult was said, or concerning whom an infamous song was made.

Intestatus decedit qui aut omnino testamentum non fecit aut non jure fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeres exstitit

A person dies intestate who either has made no will at all or has not made it legally, or when the will that he had made has been annulled or become ineffectual, or when there is no living heir.

Juratores sunt judices facti

The jurors are the judges of fact.

Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinctus

It is not consonant to justice that any accessory should be convicted in the king's court before anyone has been attainted of the fact (i.e., under sentence of attainder for committing the act). ( The accessory should not be convicted before the principal is proved guilty. 2 Co. Inst. 183.

Juris quidem ignorantiam cuique nocere, facti verum ignorantiam non nocere

Ignorance of law is prejudicial to everyone, but ignorance of fact is not.

Jusjurandum inter alios factum nec nocere nec prodesse debet

An oath made between third parties ought neither to hurt nor to profit.