Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Badge of fraud
a circumstance that the courts generally interpret as a reliable indicator that a party to a transaction was trying to hinder or defraud the other party, such as a transfer in anticipation of anticipation , a transaction outside the usual course of business or a false statement. See fraud.
Bank fraud
the criminal offense of known :- , executing, or attempting to execute, a scheme or artifice to defraud a financial institution, or to obtain property owned by or under the con-or fraudulent pretenses, representations, or promises. 18 usca ยง 1344.
Contra legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumvenit
A person acts contrary to the law who does what the law prohibits; a person acts in fraud of the law who, without violating the wording, circumvents the intention. Dig. 1.3.29.
Defraudation
An act of privation by fraud.
Defrauder
See FRAUDFEASOR.
Fraud
n. 1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. ( Fraud is usu. a tort, but in some cases (esp. when the conduct is willful) it may be a crime. 2. A misrepresentation made recklessly without belief in its truth to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; esp., in contract law, the un conscientious use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain. - fraudulent, adj.
Fraus est celare fraudem
It is a fraud to conceal a fraud.
Fraus meretur fraudem
Fraud deserves fraud.
Furtum est contrectatio rei alienae fraudulenta, cum animo furandi, invito illo domino cujus res illa fuerat
Theft is the fraudulent handling of another's property, with an intention of stealing, against the will of the proprietor, whose property it had been.
Nemo videtur fraudare eos qui sciunt et consentiunt
No one is considered as deceiving those who know and consent.
Qui per fraudem agit frustra agit
A person who acts fraudulently acts in vain.
Quod alias bonum et justum est, si per vim vel fraudem petatur, malum et injustum effxcitur
What is otherwise good and just, if it is sought by force or fraud, becomes bad and unjust.
Si quis custos fraudem pupillo fecerit, a tutela removendus est
If a guardian commits fraud against his ward, he is to be removed from the guardianship.
Statute of Frauds and Perjuries
See STATUTE OF FRAUDS (1).
Uniform Fraudulent Conveyances Act
A model act adopted in 1918 to deal with issues arising from fraudulent conveyances by insolvent persons. ( This act differentiated between conduct that was presumed fraudulent and con- duct that required an actual intent to commit fraud. - Abbr. UFCA.
Uniform Fraudulent Transfer Act
A model act designed to bring uniformity among the states regarding the definition of, and penalties for, fraudulent transfers. s This act was adopted in 1984 to replace the Uniform Fraudulent Conveyances Act. - Abbr. UFTA.
actual fraud
A concealment or false representation through a statement or conduct that injures another who relies on it in acting. - Also termed fraud in fact; positive fraud; moral fraud.
actual fraud.
See FRAUD.
antifraud rule
see rule 10b-5.
civil fraud
See FRAUD.
collateral fraud
See extrinsic fraud (1) under FRAUD.
common-law fraud
See promissory fraud.
constructive fraud
1. Unintentional deception or misrepresentation that causes injury to another. - Also termed legal fraud; fraud in contemplation of law; equitable fraud. 2. See fraud in law."The layman would probably rather be found guilty of fraud, for he can then say the court was wrong, than be found guilty of'constructive fraud,' for he does not know what that means and he may doubt whether the court does either." Lon L. Fuller, Anatomy of the Law 12 (1968).
crime-fraud exception
The doctrine that neither the attorney-client privilege nor the attorney-work-product privilege protects attorneyclient communications that are in furtherance of a current or planned crime or fraud. Clark u. United States, 289 U.S. 1, 53 S.Ct. 465 (1933); In re Grand Jury Subpoena Duces Tecum, 731 F.2d 1032 (2d Cir. 1984).
criminal fraud
See FRAUD
defraud,
ub. To cause injury or loss to (a person) by deceit. See FRAUD.
election fraud
See ELECTION FRAUD.
equitable fraud
See constructive fraud under FRAUD.
extrinsic fraud
1. Deception that is collateral to the issues being considered in the case; intentional misrepresentation or deceptive behavior outside the transaction itself (whether a contract or a lawsuit), depriving one party of informed consent or full participation. ( For example, a person might engage in extrinsic fraud by convincing a litigant not to hire counsel or answer by dishonestly saying the matter will not be pursued. - Also termed collateral fraud. 2. Deception that prevents a person from knowing about or asserting certain rights.
fraud in contemplation of law
See constructive fraud.
fraud in contemplation of law.
See construe tive fraud under FRAUD.
fraud in fact
See actual fraud.
fraud in fact.
See actual fraud under FRAUD.
fraud in law
Fraud that is presumed under the circumstances, as when a debtor transfers assets and thereby impairs creditors' efforts to collect sums due. - Also termed constructive fraud.
fraud in the execution.
See fraud in the factum under FRAUD.
fraud in the factum
Fraud occurring when a legal instrument as actually executed differs from the one intended for execution by the person who executes it, or when the instrument may have had no legal existence. Compared to fraud in the inducement, fraud in the factum occurs only rarely, as when a blind person signs a mortgage when misleadingly told that it's just a letter. - Also termed fraud in the execution; fraud in the making. Cf fraud in the inducement.
fraud in the factum.
See FRAUD
fraud in the inducement
Fraud occurring when a misrepresentation leads another to enter into a transaction with a false impression of the risks, duties, or obligations involved; an intentional misrepresentation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself, esp. about a fact relating to value. Cf. fraud in the factum.
fraud in the inducement.
See FRAUD.
fraud in the making
See fraud in the factum.
fraud in the making.
See fraud in the factum under FRAUD.
fraud on creditors.
See FRAUDULENT CONVEYANCE (1).
fraud on the court
A lawyer's or party's misconduct in a judicial proceeding so serious that it undermines or is intended to undermine the integrity of the proceeding. 0 Examples are bribery of a juror and introduction of fabricated evidence.
fraud on the court.
See FRAUD.
fraud on the market
1. Fraud occurring when an issuer of securities gives out misinformation that affects the market price of stock, the result being that people who buy or sell are effectively misled even though they did not rely on the statement itself or anything derived from it other than the market price. 2. The securities-law claim based on such fraud. See FRAUD-ON-THE-MARKET PRINCIPLE.
fraud on the market.
See FRAUD.
fraud, badge of.
See BADGE OF FRAUD.
fraud-on-the-market principle
Securities. The doctrine that, in a claim under the antifraud provisions of the federal securities laws, a plaintiff may presumptively establish reliance on a misstatement about a security's value -without proving actual knowledge of the fraudulent statement - if the stock is purchased in an open and developed securities market. This doctrine recognizes that the market price of an issuer's stock reflects all available public information. The presumption is rebuttable. -Also termed fraud-on-the-market theory. frauds, statute of. See STATUTE OF FRAUDS.
fraudare
vb. [Latin] Roman law. To defraud.
fraude
[French] Civil law. Fraud committed in performing a contract. Cf. DOL.