Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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.
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.
De jure judices, de facto juratores, respon
dent. The judges answer regarding the law, the jury on the facts.
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.
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.
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).
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.
Incaute factum pro non facto habetur
An alteration done carelessly (inadvertently) will be taken as not done. Dig. 28.4.1.
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.
Malefactor
n. [Latin] Hist. A wrongdoer; a criminal.
Nemo ex alterius facto praegravari debet
No one ought to be burdened in consequence of another's act.
Nemo punitur sine injuria, facto, seu defalta
No one is punished unless for some wrong, act, or default.
Nomen non sufcit si res non sit de jure aut de facto
A name does not suffice if the' thing does not exist by law or by fact.
Nunquam crescit ex post facto praeteriti delicti aestimatio
The valuation (or assessment of damage) for a past offense is never increased by what happens subsequently. Dig. 50.17.138.1.
Quae ab initio inutilis fuit institutio, ex post facto convalescere non potest
An institution void in the beginning cannot acquire validity by a subsequent act.
Quae ab initio non valent, ex post facto convalescere non possunt
Things invalid from the beginning cannot be made valid by a subsequent act.
Quod meum est, sine facto sive defectu meo amitti seu in alium transferri non potest
What is mine cannot be lost or transferred to another without my own act or default.
Statute of Allegiance de Facto
Hist. A statute requiring subjects to give allegiance to the actual (de facto) king, and protecting them in so doing. 11 Hen. 7, ch. 1. Statute of Amendments and Jeofails(jefaylz) Hist. One of several 15th- and 16thcentury statutes allowing a party who acknowledges a pleading error to correct it. 1 Hen. 5, ch. 5 (1413); 32 Hen. 8, ch. 30 (1540); 37 Hen. 8, ch. 6 (1545). See JEOFAIL.
Tantum operatur fictio in casu facto quantum veritas in casu vero
A legal fiction operates to the same extent and effect in the supposed case as the truth does in a real case.
Voluntas reputatur pro facto
The will is ttl be taken for the deed.
bifactoral obligation
. An obligation created by two parties.
bifactoral obligation.
See OBLIGATION.
connecting factors
Conflict of laws. Factual or legal circumstances that help determine the choice of law by linking an action or individual with a state or jurisdiction. 0 An example of a connecting factor is a party's domicile within a state.
corporation de facto
See de facto corporation.
de arbitratione facto
n. [Law Latin "of arbitration had"] Hist. A writ staying an action already settled by arbitration.
de facto
adj. [Law Latin "in point of fact"] 1. Actual; existing in fact; having effect even though not formally or legally recognized <a de facto contract> 2. Illegitimate but in effect <a de facto government. Cf. DE JURE.
de facto adoption
See ADOPTION
de facto adoption.
an adoption that falls short of the statutory requirements in a particular state. the adoption agreement may ripen to a de jure adoption when the statutory formalities have been met. 2. contracts. the process by which a person agrees to assume a contract previously made for that person's benefit, such as a newly formed corporation's acceptance of a preincorporation contract. - adopt, ub. - adoptive,adj
de facto contract of sale
See CONTRACT
de facto corporation
An incompletely formed corporation whose existence operates as a defense to personal liability of the directors, officers, and shareholders who in good faith thought they were operating the business as a duly formed corporation. - Also termed corporation de facto.
de facto court
See COURT
de facto dissolution
The termination and liquidation of a corporation's business, esp. because of an inability to pay its debts.
de facto government
See GOVERNMENT.
de facto judge
A judge operating under color of law but whose authority is procedurally defective, such as a judge appointed under an unconstitutional statute.
de facto marriage
A marriage that, despite the parties' living under color of law as man and wife, is defective for some reason.
de facto merger
A transaction that has the economic effect of a statutory merger but that is cast in the form of an acquisition or sale of assets or voting stock. ( Although such a, transaction does not meet the statutory requirements for a merger, a court will generally treat it as a statutory merger for purposes of the appraisal remedy.
de facto officer
See officer de facto under OFFICER (1).
de facto segregation
See SEGREGATION.
de facto segregation.
Segregation that occurs without state authority, usu. on the basis of socioeconomic factors.
de facto taking
A taking in which an entity clothed with eminent-domain power substantially interferes with an owner's use, possession, or enjoyment of property.
del credere factor
See del credere agent under AGENT.
ex facto
[Latin "from a fact"; From or in consequence of a fact or action; actually; DE FACTO.