Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative.
From impossibility to nonexistence the inference follows necessarily in the negative, though not in the affirmative.
Affirmanti, non neganti, incumbit probation
The proof is incumbent upon the one who affirms, not on the one who denies.
Affirmantis est probare
The person who affirms must prove.
Confirm
ub. 1. To give formal approval to <confirm the bankruptcy plan>. 2. To verify or corroborate <confirm that the order was signed>. 3. To make firm or certain <the judgment confirmed the plaintiff's right to possession>.
Confirmare est id quod prius infzrmum fuit simul firmare
To confirm is to make firm at once what before was not firm.
Confirmare nemo potest priusquam jus ei acciderit
No one can confirm before the right accrues to him.
Confirmat usum qui tollit abusum
One confirms a use who removes an abuse. Conjunctio mariti et feminae est de jure naturae. The union of husband and wife derives from the law of nature.
Confirmatio
[Latin "confirmation"] Hist. A confirmation of a voidable estate. See CONFIRMATION (4).
Confirmatio Chartarum
[Latin "confirmation of the charters"] Hist. A declaration first made by Henry III in 1225 confirming the guarantees of Magna Carta and the Charter of the Forest. 0 It was not enrolled until 1297, when, during the reign of Edward 1, it was enacted, thus introducing these charters into the common law. - Also spelled Conirmatio Cartarum
Confirmatio est nulla ubi donum praecedens est invalidum
A confirmation is null where the preceding gift is invalid.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit
Confirmation supplies all defects, even if that which has been done was not valid at the beginning.
Confirmation
n. 1. The act of giving formal approval <Senate confirmation hearings>. 2. The act of verifying or corroborating; a statement that verifies or corroborates <the journalist sought confirmation of the district attorney's remarks>. 3. The act of ratifying a voidable estate; a type of conveyance in which a voidable estate is made certain or a particular estate is increased <deed of confirmation. 4. Civil law. A declaration that corrects a null provision of an obligation in order to make the provision enforceable. 5. Commercial law. A bank's agreement to honor a letter of credit issued by another bank. - confirmatory (ken-far-ma-tor-ee), adj. Cf. RATIFICATION.
Duo sunt instrumenta ad omnes res _aut confirmandas aut impugnandas, ratio el auctoritas
There are two instruments for confirming or impugning everything: reason and authority.
Enumeratio infirmat regulam in casibus non enumerates
Enumeration disaffirms the rule in cases not enumerated.
Exceptio firmat regulam in vasibus non eiceptis
An exception affirms the rule in cannot excepted.
Exceptio firmat regulanz in contrarium
Ao Exception affirms an opposite rule.
Exceptio quae firmat legem exponit legem.
An exception that confirms the law expounds the law.
Firm
n. 1. The title under which one or more persons conduct business jointly. 2. The association by which persons are united for business purposes. ( Traditionally, this term referred to a partnership, as opposed to a company. But today it is frequently used in reference to a company. See LAW FIRM.
Firmarius
[Law Latin] A person entitled to take rent or profits. Cf. FERMER (2).
Firme
See FARM
Firmior et potentior est operatio legis quam dispositio hominis
The operation of law is firmer and more powerful than the will of man.
Firmitas
[Law Latin] Hist. An assurance of some privilege by deed or charter.
Justitia firmatur solium
By justice the throne is strengthened.
Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola
A legacy is confirmed by the death of the testator, in the same manner as a gift from a living person is by delivery alone.
Negatio destruit negationem, et ambae faciunt affirmationem
A negative destroys a negative, and both make an affirmative.
Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris uncle fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit sit in possessione
Confirmation is not valid unless the person who confirms is in possession either of the thing or of the right of which confirmation is to be made, and, in like manner, unless that person to whom confirmation is made is in possession.
Oath or Affirmation Clause
The clause of the U.S. Constitution requiring members of Congress and the state legislatures, and all member of the executive or judicial branches - state or local - to pledge by oath or affirmation to support the Constitution. U.S. Const. art. VI, cl. 3.
Omne jus aut consensus fecit, aut necessitas constituit, aut firmavit consuetude
Ever right has been derived from consent, established by necessity, or confirmed by custom.
Quae rerum natura prohibentur nulla lege confirmata runt
What is prohibited by the nature of things can be confirmed by no law.
Qui confirmat nihil dat
A person who confirms gives nothing.
Quorum praetextu nec auget nec minuit sententiam, sed tantum confirmat praemissa
"Quorum praetextu" neither increases nor diminishes the meaning, but only confirms what went before.
Reaffirmation
n. 1. Approval of something previously decided or agreed to; renewal <the Supreme Court's reaffirmation of this principle is long overdue>. 2. Bankruptcy. An agreement between the debtor and a creditor by which the debtor promises to repay a prepetition debt that would otherwise be discharged at the conclusion of the bankruptcy <the debtor negotiated a reaffirmation so that he could keep the collateral>. ( There are two main requirements for a reaffirmation to be enforceable: (1)the agreement must contain a clear and conspicuous provision stating that the debtor may rescind the reaffirmation agreement anytime before discharge or within 60 days after the agreement is filed with the court; and (2) for a debtor who is not represented by counsel, the court must determine that the reaffirmation is in the debtor's best interest and does not impose an undue hardship. 11 USCA § 524(c). -Also termed (in sense 2) reaffirmation agreement. - reaffirm, ub.
ad feodi firmam
[Law Latin] To fee farm. See FEE FARM.
ad firmam tradidi
n. [Law Latin] See FARM LET.
affirm,
vb. 1. to confirm (a judgment) on appeal. 2. to solemnly declare rather than swear under oath.
affirmance
1. a ratification, reacceptance, or confirmation."a party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. such action is known as 'affirmance' and has the effect of ratifying the contract. see restatement of restitution § 68. the rule stated in this section is a special application of that stated in § 85, under which a promise to perform a voidable duty is binding. on ratification, the affirming party is bound as from the outset and the other party continues to be bound." restatement (second) of contracts § 380 cmt. a (1981) 2. the formal approval by an appellate court of a lower court's judgment, order, or decree. -affirm, vb.
affirmance day general
Hist. In the Court of Exchequer, a day appointed after the beginning of every term to affirm or reverse judgments.
affirmant
A person who testifies under affirmation and not under oath.
affirmation
n. a pledge equivalent to an oath but without reference to a supreme being or to "swearing." 0 while an oath is "sworn to," an affirmation is merely "affirmed," but either type of pledge may subject the person making it to the penalties for perjury. - affirm, vb. -affirmatory, adj. cf. oath.
affirmative
adj. 1. that supports the existence of certain facts <affirmative evidence>. 2.that involves or requires effort <an affirmative duty>.
affirmative action
A set of actions designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination. see reverse discrimination under discrimination.
affirmative charge
see affirmative instruction under jury instruction.
affirmative condition
see positive condition under condition (2)
affirmative condition.
See positive condition.
affirmative converse instruction
An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant. ( An affirmative converse instruction usu. begins with language such as "your verdict must be for the defendant if you believe affirmative instruction. An instruction that removes an issue from the jury's consideration, such as an instruction that whatever the evidence, the defendant cannot be con- victed under the indictment count to which the charge is directed. - Also termed affirmative charge.
affirmative covenant
A covenant that obligates a party to do some act; esp., an agreement that real property will be used in a certain way. ( An affirmative covenant is more than a restriction on the use of property; it requires the owner to undertake certain specified acts.
affirmative defense
A defendant's assertion raising new facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all allegations in the complaint are true. ( Examples of affirmative defenses include duress and contributory negligence (in a civil case) and insanity and selfdefense (in a criminal case).
affirmative duty
A duty to take a positive step to do something.
affirmative easement
An easement that forces the servient-estate owner to permit certain actions by the easement holder, such as discharging water onto the servient estate. - Also termed positive easement. Cf. negative easement."Positive easements give rights of entry upon the land of another, not amounting to profits, to enable something to be done on that land. Some are commonplace, examples being rights of way across the land of another and rights to discharge water on to the
affirmative injunction
see mandatory injunction under injunction.