Legal Dictionary of Pakistan

Breve judiciale non cadit pro defectu formae

A judicial writ does not fail for a defect of form.

Forma

[Latin "form"] Hist. The prescribed form of judicial proceedings.

Forma dat esse

Form gives being.

Forma legalis forma essentialis

Legal form is essential form.

Forma non observata, infertur adnullatio actus

When form is not observed, a nullity of the act is inferred.

Formal

adj. 1. Pertaining to or following established procedural rules, customs, and practices. 2. Ceremonial. - formality, n.

Freedom of Information Act

The federal statute that establishes guidelines for public disclosure of documents and materials created and held by federal agencies. :i ITSC-1 § 552. Abbr. FOIA.

Informal

adj. Not done or performed in accordance with normal forms or procedures <an informal proceeding>.

Jusjurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur

The form of taking an oath differs in language, but agrees in meaning; for it ought to have this sense, that God is invoked.

Law Enforcement Information Network

A computerized communications system used in some states to document drivers' license records, automobile registrations, wanted persons' files, etc. - Abbr. LEIN.

Misperformance

See MISPERFORMANCE.

Nemo tenetur informare qui nescit sed quisquis scire quod informat

No one who is ignorant of a thing is bound to give information of it, but everyone is bound to know what he gives information of.

Non observata forma, infertur adnullatio actus

When the form has not been observed, an annulment of the act is inferred.

Non refert quid notum sit judici, si notum non sit in forma judicii

It matters not what is known to the judge if it is not known to him judicially.

Nonperformance

See NONPERFORMANCE.

Nova constitutio futuris formam imponere debet, non praeteritis

A new enactment ought to impose form upon what is to come, not upon what is past ( A new regulation should not apply retroactively but from its enactment. 2 Co. Inst. 292.

Performance

n. 1. The successful completion of a contractual duty, usu. resulting in the performer's release from any past or future liability; EXECUTION (2). - Also termed full performance. - perform, ub. Cf NONPERFORMANCE.

Quod sub certa forma concessum vel reservatum est, non trahitur ad valorem vel compensationem

That which has been granted or reserved under a certain form is not to be drawn into valuation or compensation.

Ratio est formalis causa consuetudinis

Reason is the source and formal cause of custom.

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

action in equity. An action that seeks equitable relief, such as an injunction or specific performance, as opposed to damages.

airman's information manual

a publication of the federal aviation administration, providing the fundamental requirements of any pilot who flies in national airspace.

alternative-methods-of-performance contract

see alternative contract under contract.

appeal in forma pauperis

see appeal.

bill of information. 1.

INFORMATION. 2. Hist. A civil suit begun by the Crown or by those under its protection, such as a charity.

brevia formata

[Latin "writs of approved form"] Writs of established and approved form, issued as a matter of course. Cf. brevia magistralia.

citizen-informant

A witness who, without expecting payment and with the public good in mind, comes forward and volunteers information to the police or other authorities. citizen's arrest. See ARREST.

classified information

Data or material that, having been designated as secret or confidential, only a limited number of authorized persons may know about.

contra formam collationis

[Latin "against the form of a collation"] Hist. A writ to regain lands given to a religious society in exchange for perpetual alms. The writ was usu. sought by an heir of the person who had given the land away.

contra formam feoffmenti

[Latin "contrary to the form of- feoffment"] Hist. A writ that commanded a 1downer to stop demanding from a tenant tre services than those included in the ten:trit's deed to the land. - Also spelled contra pwmam feoffamenti."Contra formam feoffamenti is a writ that lies where a man before the statute of quia emptores terrarum, made 18 Ed. 1, infeoffed another by deed to do certain service; if the feoffor or his heirs distrain him to do other service than is comprised in the deed, then the tenant shall have this writ, commanding him not to distrain him to do other service than is comprised in the deed." Termes de la Ley 116 (1st Am. ed. 1812).

contra formam statuti

[Law Latin] Contrary to the form of the statute. See AGAINST THE FORM OF THE STATUTE.

course of performance

A sequence of previous performance by either party after an agreement has been entered into, when a contract involves repeated occasions for performance and both parties know the nature of the performance and have an opportunity to object to it. A course of performance accepted or acquiesced in without objection is relevant to determining the meaning of the agreement. UCC § 2-208; § 2A-301(a). Cf. COURSE OF DEALING; trade usage under USAGE "[C]ommon law courts have recognized the necessity of learning how people usually talk and what they usually mean by their language before one interprets their contracts .... '[C]ourse of performance' refers to a pattern of performance of the contract that is the subject of the dispute, as contrasted to 'course of dealing' which refers to the pattern of performance in prior contracts between the same parties." Claude Rohwer & Gordon D. Schaber, Contracts in a Nutshell 171-73 (4th ed. 1997) "The phrase 'course of performance' relates to the way the parties have acted in performance of the particular contract in question. The judicial inquiry on this point is limited to the way the parties have acted in carrying out the particular contract that is in controversy, as distinguished from a general pattern of dealing that may embrace many other contracts or transactions between the parties." Ronald A. Anderson, Uniform Commercial Code § 1-205:74 (1997).

defective performance

A performance that, whether partial or complete, does not completely comply with the contract. ( One example is late performance.

detention in a reformatory

A juvenile offender's sentence of being sent to a reformatory school for some period.

due-diligence information

Securities. Information that a broker-dealer is required to have on file and make available to potential customers before submitting quotations for over-thecounter securities. ( The informational requirements are set out in SEC Rule 15c2-11 (17 CFR § 240.15c2-11).

duplicitous information

See duplicitous indictment under INDICTMENT.

electronic chattel paper. Chattel paper evidenced by a record or records consisting of information stored in an electronic medium and retrievable in perceivable form. UCC § 9-102(a)(22).tangible chatt

See CHATTEL.

embryo formatus

Eccles. law. A human embryo organized into human shape and endowed with a soul. ( Though rejected in the early doctrine of the Christian church, the distinction between the embryo formatus and informatus was accepted by Gratian (regarded as the founder of canon law) in his Decretum (ca. 1140), in which he said that abortion is not murder if the fetus has not yet been infused with a soul. Though he did not specify the time of formation or animation, by the 16th century canonists accepted that the time of formation and animation was the 40th day after conception for the male fetus and the 80th day for the female. -Also termed embryo animatus.

embryo informatus

Eccles. law. A human embryo before it has been endowed with a soul. - Also termed embryo inanimatus.

ex officio information

English law. A criminal information filed by the attorney general ex officio on behalf of the Crown, in the Court of King's Bench, for offenses more immediately affecting the government, as distinguished from informations in which the Crown is the nominal prosecutor.

forma et figura judicii

[Latin] Hist. The form and shape of judgment. ( A form prescribed by statute.

forma pauperis

See IN FORMA PAUPERIS.

formal agreement

an agreement in which the law requires not only the consent of the parties but also a manifestation of the agreement in some particular form, in default of which the agreement is null.

formal agreement.

See AGREEMENT.

formal contract

Hist. A written contract under seal.

formal contract.

See CONTRACT.

formal party.

See nominal party under PARTY (2).

formal rulemaking

Agency rulemaking that, when required by statute or the agency's discretion, must be on the record after an opportunity for an agency hearing, and must comply with certain procedures, such as allowing the submission of evidence and the cross-examination of witnesses. Cf. informal rulemaking.

formalities.

1. Small points of practice that, though seemingly unimportant, must be observed to achieve a particular legal result. 2. Hist. Robes worn by magistrates on solemn occasions. formal law. Procedural law. "Procedure is by many German writers inappropriately called 'formal law."' Thomas E. Holland, The Elements of Jurisprudence 358 n.2 (13th ed. 1924).

formata

[Law Latin] Eccles. law. Canonical letters. formata brevia. See BREVIA FORMATA.