Legal Dictionary of Pakistan

Council of Economic Advisors

A select group of economists who advise the U.S. President on economic issues. - Abbr. CEA.

Devisor

One who disposes of property (usu. real property) in a will.

Disorder

1. A lack of proper arrangement <disorder of the files>. 2. An irregularity <a disorder in the proceedings>. 3. A public disturbance; a riot <civil disorder>. 4. A disturbance in mental or physical health <an emotional disorder > < a liver disorder>.

Examples include deprivation of food or medication, beatings, oral assaults, and isolation. - Also termed elder abuse. carnal abuse. See sexual abuse.

ISO

abbr. Incentive stock option. See STOCK OPTION (2).

Imprisonment

n. 1. The act of confining a person, esp. in a prison <the imprisonment of Jackson was entirely justified>. 2. The state of being confined; a period of confinement <Jack-son's imprisonment lasted 14 years>. See FALSE IMPRISONMENT.

Investment Advisors Act

A federal statute -administered by the Securities and Exchange Commission - that regulates investment advisers. 15 USCA §§ 80b-1 et seq.

Larrison rule

Criminal law. The doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by a government witness if the jury might have reached a different conclusion without the evidence and it unfairly surprised the defendant at trial. Larrison u. United States, 24 F.2d 82 (7th Cir. 1928). "The most usual rule in cases in which it is claimed that there was false testimony at the trial or that the witness has since recanted is the 'Larrison rule,' taking its name from the Seventh Circuit case in which it was announced. This is that three requirements must be met before a new trial will be granted on this ground: '(a) [That the] the court is reasonably well satisfied that the testimony given by a material witness [was] false. (b) That without it the jury might have reached a different conclusion. (c) That the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it for it did not know of its falsity until after the trial.'" 3 Charles Alan Wright, Federal Practice and Procedure § 557.1, at 343 (2d ed. 1982) (quoting Larrison, 24 F.2d at 87-88).

Malison

[fr. Latin malum "evil" + sonus "a sound"] Hist. A curse. -Also spelled maleson.

Prison

A state or federal facility of confinement for convicted criminals, esp. felons. - Also termed penitentiary; penal institution; adult correctional institution. Cf. JAIL.

Prisoner

1 A person who is serving time in prison. 2. A person who has been apprehended by a law-enforcement officer and is in custody, regardless of whether the person has yet been put in prison. "While breach of prison, or prison breach, means breaking out of or away from prison, it is important to have clearly in mind the meaning of the word 'prison.' If an officer arrests an offender and takes him to jail the layman does not think of the offender as being 'in prison' until he is safely behind locked doors, but no one hesitates to speak of him as a 'prisoner' from the moment of apprehension. He is a prisoner because he is 'in prison . . . whether he were actually in the walls of a prison, or only in the stocks, or in the custody of any person who had lawfully arrested him . . . . "' Rollin M. Perkins & Ronald N. Boyce, Criminal Law 566 (3d ed. 1982) (quoting 2 Hark. P.C. ch. 18, $ 1 (6th ed. 1788)).

Promisor

One who makes a promise; esp., one who undertakes a contractual obligation.

Proviso

1 A limitation, condition, or stipulation upon whose compliance a legal or formal document's validity or application may depend. 2. In drafting, a provision that begins with the words provided that and supplies a condition, exception, or addition.

Proviso est providere praesentia et futures, non praeterita

A proviso is to provide for things present and future, not past.

Provisor

1 Hist. A provider of care or sustenance. 2. Eccles. law. A person nominated by the Pope to be the next incumbent of a benefice that is not yet vacant.

Queen's prison

A prison established in 1842 in Southwark, to be used for debtors and criminals confined under authority of the superior courts at Westminster, the highest court of admiralty, and the bankruptcy laws. ( It replaced the Queen's Bench Prison, Fleet Prison, and Marshalsea Prison but was closed in 1862.

Supervisor

n 1 One having authority over others; a manager or overseer. ( Under the National Labor Relations Act, a supervisor is any individual having authority to hire, transfer, suspend, lay off, recall, promote, discharge, discipline, and handle grievances of other employees, by exercising independent judgment. 2. The chief administrative officer of a town or county. - supervisorial (soo-par-vi-zor-ee-al), adj.

abstraction-filtration-comparison test

Copyright. A judicially created test for determining whether substantial similarity exists between the nonliteral elements of two or more computer programs. 0 Under this test, a program is first dissected according to its varying levels of generality ("abstractions test"). Then each level of abstraction is examined to filter out program elements that are unprotectable, such as ideas, processes, facts, public-domain information, merger material, scenes a faire, and other unprotectable elements ("filtration test"). Finally, the remaining protectable elements are compared with the allegedly infringing program to determine whether substantial elements of the plaintiffs program have been misappropriated ("comparison test").

advisory committee

A committee formed to make suggestions to some other body or to an official; esp., any one of five committees that propose to the standing committee on rules of practice and procedure amendments to federal court rules, the five committees being responsible for appellate, bankruptcy, civil, criminal, and evidence rules.

advisory counsel

An attorney retained merely to give advice on a particular matter, as distinguished from one (such as trial counsel) actively participating in a case.

advisory jury

A jury empaneled to hear a case when the parties have no right to a jury trial. ( The judge may accept or reject the advisory jury's verdict.

advisory opinion

see opinion (1)

advisory opinion.

1. A nonbinding statement by a court of its interpretation of the law on a matter submitted for that purpose. Federal courts are constitutionally prohibited from issuing advisory opinions by the case-orcontroversy requirement, but other courts, such as the International Court of Justice, render them routinely. See CASE-OR-CONTROVERSY REQUIREMENT. 2. A written statement, issued only by an administrator of an employee benefit plan, that interprets ERIISA and applies it to a specific factual situation. Only the parties named in the request for the opinion can rely on it, and its reliability depends on the accuracy and completeness of all material facts.

casu proviso

[Latin "in the case provided"] Hist. A writ of entry to recover a reversion in land alienated by a tenant in dower, i.e., a widow with a life estate in the alienated land.

civil disobedience

A deliberate but nonviolent act of lawbreaking to call attention to a particular law or set of laws of questionable legitimacy or morality."Social protest and even civil disobedience serve the law's need for growth. Ideally, reform would come according to reason and justice without self-help and disturbing, almost violent, forms of protest . . . . Still, candor compels one here again to ackn

civil disorder

A public disturbance involving three or more people who commit violent acts that cause immediate danger or injury to people or property. See RIOT.

county supervisor

See county commissioner under COMMISSIONER.

de frangentibus prisonam

n. [Latin "of those who break prison"] Hist. The statute providing that an escaped prisoner will not be put to death or forfeit a limb simply for escaping from prison unless the original crime required that penalty upon conviction. 1 Edw. 2.

decisory oath

See decisive oath under OATH.

disherison

See DISINHERITANCE.

disinherison

n. See DISINHERITANCE.

disobedient child

See incorrigible child under CHILD.

disorderly conduct

Behavior that tends to disturb the public peace, offend public morals, or undermine safety. See BREACH of THE PEACE.

disorderly house

1. A dwelling where people carry on activities that are a nuisance to the neighborhood. 2. A dwelling where people conduct criminal or immoral activities. * Examples are brothels and drug houses. - Also termed bawdy house; house of prostitution; house of ill fame; lewd house."The keeping of one type of disorderly house - the bawdy house - is punished because it violates the social interest in maintaining proper standards of morality and decency .... As included here a house may be disorderly for other reasons. Any house in wh

disorderly person

1. A person guilty of disorderly conduct. 2. A person who breaches the peace, order, decency, or safety of the public, as defined by statute. "Ordinarily, a person who is guilty of disorderly conduct is a 'disorderly person,' but where statutes define 'a disorderly person' and distinguish acts which may constitute the offense of disorderly conduct, the distinction is to be preserved and the different provisions relative to the different offenses particularly followed." 27 C.J.S. Disorderly Conduct § 1(1), at 509 (1959).

disseisor

A person who wrongfully deprives another of the freehold possession of property.

disseisoress

Hist. A female disseisor. - Also termed disseisitrix.

dum fait in prisona

n. [Law Latin "while he was in prison"] Hist. A writ restoring a man to his estate after he transferred the estate under duress of imprisonment. See DURESS OF IMPRISONMENT.

duress of imprisonment

The wrongful confining of a person to force the person to do something.

elisor

A person appointed by a court to assemble a jury, serve a writ, or perform other duties of the sheriff or coroner if either is disqualified. - Also spelled eslisor.

false imprisonment

A restraint of a person in a bounded area without justification or consent. ( False imprisonment is a common-law misdemeanor and a tort. It applies to private as well as governmental detention. Cf. false arrest under ARREST. "[In the phrase false imprisonment,] false is . . . used not in the ordinary sense of mendacious or fallacious, but in the less common though well-established sense of erroneous or wrong; as in the phrases false quantity, false step, false taste, etc." R.F.V. Heuston, Salmond on the Law of Torts 123 n.38 (17th ed. 1977). "False imprisonment was a misdemeanor at common law and is recognized by some states today. It differs from kidnapping in that asportation is not required. If the imprisonment is secret, some jurisdictions treat it as kidnapping." Arnold H. Loewy, Criminal Law in a Nutshell 65 (2d ed. 1987). "Some courts have described false arrest and false imprisonment as causes of action which are distinguishable only in terminology. The two have been called virtually indistinguishable, and identical. However, the difference between them lies in the manner in which they arise. In order to commit false imprisonment, it is not necessary either to intend to make an arrest or actually to make an arrest. By contrast, a person who is falsely arrested is at the same time falsely imprisoned." 32 Am. Jur. 2d False Imprisonment § 3 (1995).

fruit-of-the-poisonous-tree doctrine

Criminal procedure. The rule that evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence (the "fruit") was tainted by the illegality (the "poisonous tree"). ( Under this doctrine, for example, a murder weapon is inadmissible if the map showing its location and used to find it was seized during an illegal search. - Also termed fruits doctrine. See EXCLUSIONARY RULE; ATTENUATION DOCTRINE; INDEPENDENT-SOURCE RULE; INEVITABLE-DISCOVERY RULE.

isolated sale

An infrequent or one-time sale that does not carry an implied warranty of merchantability.

isolated sale.

See SALE.

jettison

n. Maritime law. The act of voluntarily throwing cargo overboard to lighten or stabilize a ship that is in immediate danger. - Also termed jactura. - jettison, ub. See general average under AVERAGE.

misprisor

One who commits mis. prision of felony.

poison pill

A corporation's defense against an unwanted takeover bid whereby shareholders are granted the right to acquire equity or debt securities at a favorable price to increase the bidder's acquisition costs. See SHARK REPELLENT. Cf. PORCUPINE PROVISION "Another recent tactic is the poison pill' which is a conditional stock right that is triggered by a hostile takeover and makes the takeover prohibitively expensive. The poison pill is a variation of the scorched earth defense "Thomas Lee Hazen, The Law of Securities Regulation § 11.20, at 575 (2d ed. 1990).

poisonous-tree doctrine

See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE.

prison breach

A prisoner's forcible breaking and departure from a place of lawful confinement; the offense of escaping from confinement in a prison or jail. ( Prison breach has traditionally been distinguished from escape by the presence of force; this distinction has been abandoned in some jurisdictions. - Also termed prison breaking. Cf. ESCAPE (2). "Breach of prison by the offender himself, when committed for any cause, was felony at the common law: or even conspiring to break it. But this severity is mitigated by the statute de frangentibus prisonam, I Edw. II, which enacts that no person shall have judgment of life or member, for breaking prison, unless committed for some capital offence. So that to break prison, when lawfully committed for any treason or felony, remains still a felony as at the common law; and to break prison, when lawfully confined upon any other inferior charge, is still punishable as a high misdemeanor by fine and imprisonment." 4 William Blackstone, Commentaries on the Laws of England 130-31 (1769).

prison camp

A usu. minimum-security camp for the detention of trustworthy prisoners who are often employed on government projects.