Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Gains
n. See GAIN,
Pyramiding inferences, rule against
Evidence. A rule prohibiting a fact-finder from piling one inference on another to arrive at a conclusion. ( Today this rule is followed in only a few jurisdictions. Cf. REASONABLE-INFERENCE RULE.
abominable and detestable crime against nature
See SODOMY.
accumulations, rule against
rule rendering void any accumulation of income beyond the period of perpetuities. accumulation trust. See TRUST.
admission against interest
A persons statement acknowledging a material fact that is harmful to the person's position as a litigant. 0 An admission against interest must be made either by a litigant or by one in privity with or occupying the same legal position as the litigant; as an exception to the hearsay rule, it is admissible whether or not the person is available as a witness. A declaration against interest, by contrast, is made by a nonlitigant who is not in privity with a litigant; a declaration against interest is also admissible as an exception to the hearsay rule, but only when the declarant is unavailable as a witness.
against the form of the statute
contrary to the statutory requirements. ( this formal phrase, which traditionally concludes an indictment, indicates that the conduct alleged contravenes the cited statute and therefore constitutes a criminal offense. in modern context, the full conclusion often reads: "against the form of the statute in such case made and provided." the phrase is a translation "f the law latin contra formam statuti.
against the peace and dignity of the state
a concluding phrase in an indictment, used i o condemn the offending conduct generally opposed to the specific charge of wrongdor r contained in the body of the instrument). this phrase derives from the law latin con/!: pacem domini regis ("against the peace of vie lord thi, kitrr;" , a charoni , phrase fortrrerlv used in indictments and in civil actions of trespass. see king's peace.
against the weight of the evidence
(of a verdict or judgment) contrary to the credible evidence; not sufficiently supported by the evidence in the record. see weight of the evidence.
against the will
contrary to a person's wishes. ( indictments use this phrase to indicate that the defendant's conduct was without the victim's consent.
capital gains
See CAPITAL GAIN.
capital-gains tax
See TAX.
cash-against-documents sale
See documentary sale under SALE.
covenant against encumbrances
A grantor's promise that the property has no visible or invisible encumbrances. ( In a special warranty deed, the covenant is limited to encumbrances made by the grantor. - Also termed general covenant against encumbrances. Cf special covenant against encumbrances.
crime against humanity
Int'l law. A -bt tttal crime that is not an isolated incident but that involves large and systematic actions, often cloaked with official authority, and that shocks the conscience of humankind. 0 Among the specific crimes that fall within this category are mass murder, extermination, enslavement, deportation, and other inhumane acts perpel rated against a population, whether in wartime or not.
crime against international law
See c T1mlE AGAINST THE LAW OF NATIONS.
crime against nature
See SODOMY
crime against peace
Int'l law. An international crime in which the offenders plan, prepare, initiate, or wage a war of aggression or a war in violation of international peace treaties, agreements, or assurances.
crime against the law of nations
Int'l law. 1. A crime punishable under internationally prescribed criminal law or defined by an international convention and required to be made punishable under the criminal law of the member states. 2. A crime, such as piracy or a war crime, punishable under international criminal law. 3. A crime punishable under international law; an act that is internationally agreed to be of a criminal nature, such as genocide, piracy, or engaging in the slave trade. - Also termed crime against international law. crime against the person. See CRIMES AGAINST PERSONS.
crimes against persons
A category of criminal offenses in which the perpetrator uses or threatens to use force. ( Examples include murder, rape, aggravated assault, and robbery. - Also termed crimes against the person. Cf. offense against the person under OFFENSE.
crimes against property
A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from - or do damage to - another's property without the use or threat of force. ( Examples include burglary, theft, and arson (even though arson may result in injury or death). - Also termed property crimes. Cf. offense against property under OFFENSE.
crimes against the person
See CRIMES AGAINST PERSONS.
declaration against interest
A statement by a person who is not a party to a suit and is not available to testify at trial, discussing a matter that is within the declarant's personal knowledge and is adverse to the declarant's interest. ( Such a statement is admissible into evidence as an exception to the hearsay rule. Fed. R. Evid. 804(b)(3). See admission against interest under ADMISSION.
general covenant against
encumbrances. See covenant against encumbrances.
general covenant against encumbrances
See covenant against encumbrances under covENANT (4).
indemnity against liability
A right to indemnity that arises on the indemnitor's default, regardless of whether the indemnitee has suffered a loss.
oath against an oath
See SWEARING CONTEST.
offense against property
A crime against another's personal property. ( The commonlaw offenses against property were larceny, embezzlement, cheating, cheating by false pretenses, robbery, receiving stolen goods, malicious mischief, forgery, and uttering forged instruments. Although the term crimes against property, a common term in modern usage, includes crimes against real property, the term offense against property is traditionally restricted to personal property. Cf. CRIMES AGAINST PROPERTY.
offense against property.
See OFFENSE (1.)
offense against public justice and authority
A crime that impairs the administration of justice. ( The common-law offenses of this type were obstruction of justice, barratry, maintenance, champerty, embracery, escape, prison breach, rescue, misprision of felony, compounding a crime, subornation of perjury, bribery, and misconduct in office.
offense against public justice and authority.
See OFFENSE (1).
offense against the habitation
A crime against another's house - traditionally either arson or burglary.
offense against the habitation.
See OFFENSE (1).
offense against the person
A crime against the body of another human being. ( The common-law offenses against the person were murder, manslaughter, mayhem, rape, assault, battery, robbery, false imprisonment, abortion, seduction, kidnapping, and abduction. Cf. CRIMES AGAINST PERSONS.
offense against the person.
See OFFENSE (1).
offense against the public health, safety, comfort, and morals
A crime traditionally viewed as endangering the whole of society. ( The common-law offenses of this type were nuisance, bigamy, adultery, fornication, lewdness, illicit cohabitation, incest, miscegenation, sodomy, bestiality, buggery, abortion, and seduction.
offense against the public health, safety, comfort, and morals.
See OFFENSE (1). offense against the public peace. See OFFENSE (1).
offense against the public peace
A crime that tends to disturb the peace. ( The common-law offenses of this type were riot, unlawful assembly, dueling, rout, affray, forcible
perpetuities, rule against
See RULE AGAINST PERPETUITIES.
privilege against adverse spousal testimony
See marital privilege (2).
privilege against self-incrimination
See RIGHT AGAINST SELF-INCRIMINATION.
right against self-incrimination
A criminal defendant's or a witness's constitutional right - under the Fifth Amendment, but waiv-able under certain conditions - guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person's being criminally prosecuted. ( Although this right is most often asserted during a criminal prosecution, a person can also "plead the Fifth" in a civil, legislative, administrative, or grand jury proceeding. - Also termed privilege against self-incrimination; right to remain silent. See SELF-INCRIMINATION.
rule against accumulations
See ACCUMULATIONS, RULE AGAINST.
rule against perpetuities
Property. The rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years after the death of some person alive when the interest was created. - Sometimes written Rule Against Perpetuities; Rule against Perpetuities.
short sale against the box
A short sale of a security by a seller who owns enough shares of the security to cover the sale but borrows shares anyway because the seller wants to keep ownership a secret or because the owned shares are not easily accessible. ( Delivery may be made with either the owned or the borrowed shares, so it is less risky than an ordinary short sale. The phrase against the box refers to the owned shares that are in safekeeping; formerly, the "box" was a container used to store stock certificates.
short sale against the box.
See SALE.
special covenant against encumbrances
A grantor's promise that the property is free of encumbrances created by the grantor only, not the grantor's predecessors. See special warranty deed under WARRANTY DEED. Cf. covenant against encumbrances.
warranty against infringement
See WARRANTY (2).