Legal Dictionary of Pakistan

A piratis aut latronibus capti liberi permanent.

Those captured by pirates or robbers remain free.

A piratis et latronibus capta dominium non mutant.

Things captured by pirates or robbers do not change their ownership.

Admiralitas

n. [Law Latin] 1. Admiralty; an admiralty court. 2. SOCIETAS NAVALIS.

Admiralty Clause.

The clause of the U.S. Constitution giving the federal courts jurisdiction over maritime cases. U.S. Const. art. III, § 2, cl. 1.

Admiralty, First Lord.

See FIRST LORD OF THE ADMIRALTY.

Bathtub conspiracy

see intra-enterprise con. Spiracy under conspiracy.

Coconspirator

A person who engages in a criminal conspiracy with another; a fellow conspirator.See CONSPIRATOR.

Conspiracy

n. An agreement by two or more persons to commit an unlawful act; a combination for an unlawful purpose. 0 In criminal law, conspiracy is a separate offense from the crime that is the object of the conspiracy. - Also termed criminal conspiracy. - conspiratorial, adj. Cf. ATTEMPT (2); SOLICITATION (2)."Conspiracie (conspiratio) though both in Latine and French it be used for an agreement of men, to doe any thing either good or bad: yet in our lawyers bookes, it is alway taken in the evill part." John Cowell, The Interpreter (1607).

Conspirator

n A person who takes part in a conspiracy.

Convicia si irascaris tua divulgas; spreta exolescunt

If you are moved to anger by insults, you spread them abroad; if despised, they die out.

Court of Admiralty

See HIGH COURT OF ADMI. RALTY.

Court of the Lord High Admiral

See HIGH COURT OF ADMIRALTY.

Expiration

n. A coming to an end; esp., a formal termination on a closing date <expiration of the insurance policy>. - expire, vb.

First Lord of the Admiralty

Hist. In Britain, a minister and one of the lord commissioners who presided over the navy. ( The First Lord was assisted by other lords, called Sea Lords, and various secretaries.

High Court of Admiralty.

In England, a court exercising jurisdiction in matters relating to shipping, collision, and salvage cases. ( The court dates from the 14th century, and much of its early history concerns prize and piracy cases. Its jurisdiction varied through the centuries, sometimes extending into criminal matters and other areas of law not related directly to maritime issues. The Judicature Acts of 1873-1875 merged the Court into the High Court as part of the Probate, Divorce, and Admiralty Division. The Administration of Justice Act of 1970 established a new Admiralty Court as part of the Queen's Bench Division of the High Court. It is regulated by the Supreme Court Act of 1981. - Also termed Court of the Lord High Admiral; Court of Admiralty. Cf. ADMIRALTY (1)

IRA

abbr. INDIVIDUAL RETIREMENT ACCOUNT.

IRAC

A mnemonic acronym used mostly by law students and their writing instructors, esp. as a method of answering essay questions on law exams. 0 The acronym is commonly said to stand for either (1) issue, rule, application, conclusion, or (2) issue, rule, analysis, conclusion.

Ira furor brevis est

Anger is a short insanity.

Miranda hearing

A pretrial proceeding held to determine whether the Miranda rule has been followed and thus whether the prosecutor may introduce into evidence the defendant's statements to the police made after arrest. See MIRANDA RULE.

Miranda rule

The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. ( The suspect must be warned of the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at trial. Miranda u. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966).

Mirandize

Slang. To read (an arrested) rights under the Miranda rule <the defendant was arrested, Mirandized, and interrogated. See MIRANDA RULE.

Piracy

n. 1. Robbery, kidnapping, or other criminal violence committed at sea. 2. A similar crime committed aboard a plane or other vehicle; hijacking.

Pirata est hostis humani generis

A pirate is an enemy of the human race.

Roth IRA

See INDIVIDUAL RETIREMENT ACCOUNT

Roth IRA.

An IRA in which contributions are nondeductible when they are made. 0 No further taxes are assessed on the contributions (or accrued interest) when the money is withdrawn (if all applicable rules are followed). This term takes its name from Senator William Roth, who sponsored the legislation creating this type of IRA.

Suits in Admiralty Act

A federal law giving injured parties the right to sue the government in admiralty. 46 USCA app. §§ 741-752.

Supplemental Rules for Certain Maritime and Admiralty Claims

See MARITIME JURISDICTION.

ab irato

[Latin] By one who is angry. 9 This phrase usu. refers to a gift or devise made adversely to an heir's interests, out of anger. An action to set aside this type of conveyance was known at common law as an action ab irato. abishering. See MISKERING.

adiratus

adj. [Law Latin] Lost; strayed; removed.

admiralty

n. 1. A court that exercises jurisdiction over all maritime contracts, torts, injuries, or offenses. 0 The federal courts are so called when exercising their admiralty jurisdiction, which is conferred by the U.S. Constitution (art. III, § 2, cl. 1). - Also termed admiralty court; maritime court. 2. The system of jurisprudence that has grown out of the practice of admiralty courts; MARITIME LAW. 3. Narrowly, the rules governing contract, tort,

admiralty court

See ADMIRALTY (1).

admiralty court.

See ADMIRALTY (1).

admiralty law.

See MARITIME LAW.

air piracy

The crime of using force or threat to seize control of an aircraft; the hijacking of an aircraft, esp. one in flight. -Also termed aircraft piracy. 3. The unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law. See INFRINGEMENT. - pirate, ub. - piratical (pI-rat-akal), adj. - pirate, n. "[T]he test of piracy [is] not whether the identical language, the same words, are used, but whether the substance of the production is unlawfully appropriated." Eaton S. Drone, A Treatise on the Law of Property in Intellectual Productions 97 (1879).

aircraft piracy

see air piracy under piracy

and workers'-compensation claims arising out of commerce on or over water. - Also termed (in senses 2 & 3) admiralty law. - admiralty, adj.

bathtub conspiracy

See intra-enterprise conspiracy.

chain conspiracy

single conspiracy in which each person is responsible for a distinct act within the overall plan, such as an agreement to produce, import, and distribute narcotics in which each person acts only at one function. ( All participants are interested in the overall scheme and liable for all other participants' acts in furtherance of that scheme. "In a 'chain' conspiracy, the court looks to whether the parties serve as links in a chain. In Blumenthal u. United States (1947), the Supreme Court found that the parties had agreed to sell liquor at prices exceeding the ceiling set by regulations of the Office of Price Administration. The Court found that the agreements were steps in theformulation of one larger general conspiracy. By reason of all having knowledge of the plan's general scope and common end, the disposing of whiskey, they could be drawn together in a single conspiracy." Ellen S. Podgor & Jerold H. Israel, White Collar Crime in a Nutshell 52 (2d ed. 1997).

circle conspiracy

See wheel conspiracy.

civil conspiracy

An agreement between two or more persons to commit an unlawful act that causes damage to a person or property.

coconspirator's exception

An exception to the hearsay rule whereby one conspirator's acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant's absence. - Also termed coconspirator's rule. See HEARSAY.

conspiracy in restraint of trade

See RESTRAINT OF TRADE.

criminal conspiracy

See CONSPIRACY.

curia admiralitatis

[Law Latin] See HIGH COURT OF ADMIRALTY.

dirationare

ub. [fr. Latin dis "thoroughly" + ratiocinari "to reason"] Hist. 1. To prove; to establish one's right. 2. To disprove; to refute (an allegation).

droits of admiralty

n. The Lord High Admiral's rights in connection with the sea, such as the right to recover proceeds from shipwrecks, enemy goods confiscated at the beginning of hostilities, jetsam, flotsam, treasure, deodand, fines, forfeitures, sturgeons, whales, and other large fishes. 0 The droit proceeds are paid to the Exchequer's office for the public's use. See PRIZE (2)."The crown had originally certain rights to property found upon the sea, or stranded upon the shore. The chief kinds of property to which the crown was thus entitled were, great fish (such as whales or porpoises, deodands, wreck of the sea, flotsam, jetsa

duodecemvirale judicium

[Latin] A trial by 12 persons; a trial by jury.

et hoc petit quod inquiratur per patriam

[Latin "and this he prays may be inquired of by the country"] Archaic. The conclusion of a plaintiff's pleading that tendered an issue to the country. See CONCLUSION TO THE COUNTRY.

expiration date

The date on which an offer, option, or the like ceases to exist. explecia (ek-splee-shee-a). [Law Latin] See Ex. PLETA. explees (eks-pleez). See ESPLEES,

hub-and-spoke conspiracy

See wheel conspiracy.