Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bearer instrument
See bearer paper under paper.
Duo sunt instrumenta ad omnes res _aut confirmandas aut impugnandas, ratio el auctoritas
There are two instruments for confirming or impugning everything: reason and authority.
In expositione instrumentorum, mala grammatica, quod fieri potest, vitanda est.
In the construction of instruments, bad grammar is to be avoided as much as possible.
Instrument
1. A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract, will, promissory note, or share certificate. 2. Commercial law. An unconditional promise or order to pay a fixed amount of money, with or without interest or other fixed charges described in the promise or order. * Under the UCC, a promise or order must meet several other, specifically listed requirements to qualify as an instrument. UCC § 3-104(x). See NEGOTIABLE INSTRUMENT. 3. A means by which something is achieved, performed, or furthered <an instrument of social equality>.
Instrumentality
n. 1. A thing used to achieve an end or purpose. 2. A means or agency through which a function of another entity is accomplished, such as a branch of a governing body.
Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala grammatica quoad fieri possit evitanda est
Bad grammar does not vitiate a deed; but in the construction of instruments, bad grammar, as far as possible, is to be avoided.
Nemo tenetur edere instrumenta contra se
No one is bound to produce writings against himself.
Omnis interpretatio si fieri potest ita fcenda est in instrumentis, ut omnes contrarietates amoveantur
Every interpretation of instruments is to be made, if it can be, so that all contradictions may be removed.
accusatory instrument.
See CHARGING INSTRUMENT.
charging instrument
A formal document -usu. either an indictment or an information -that sets forth an accusation of a crime. - Also termed accusatory instrument.
criminal-instrumentality rule
the principle that when a criminal act is committed, that act - rather than the victim's negligence that made the crime possible - will be considered to be the crime's proximate cause.
dangerous instrumentality
An instrument, substance, or condition so inherently dangerous that it may cause serious bodily injury or death without human use or interference. ( It may serve as the basis for strict liability. See ATTRACTIVE-NUISANCE DOCTRINE. Cf deadly weapon under WEAPON. dangerous-propensity test. See DANGEROUSTENDENCY TEST.
debt instrument
A written promise to repay a debt, such as a promissory note, bill, bond, or commercial paper.
demand instrument
An instrument payable on demand, at sight, or on presentation, as opposed to an instrument that is payable at a set future date. - Also termed demand note.
derivative instrument
See DERIVATIVE,
federal instrumentality
n. 1. A means or agency used by the national government. 2. A national agency immune from state control.
governmental instrumentality.
A constitutionally or legislatively created agency that is immune from certain kinds of liability, as for taxes or punitive damages. governmental-interest-analysis technique under INTEREST-ANALYSIS TECHNIQUE.
inchoate instrument
See INSTRUMENT
inchoate instrument.
An unrecorded instrument that must, by law, be recorded to serve as effective notice to third parties. Until the instrument is recorded, it is effective only between the parties to the instrument.
incomplete instrument
See INSTRUMENT
instrument of appeal.
Hist. English law. A document used to appeal a judgment of divorce rendered by a trial judge of the Probate, Divorce and Admiralty Division to the full panel of the court. ( The use of the instrument of appeal ended in 1881, when appeals were taken to the Court of Appeal rather than the full panel of the Probate, Divorce and Admiralty Division.
instrumentality rule.
The principle that a corporation is treated as a subsidiary if it is controlled to a great extent by another corporation.
instrumentum
[Latin] Hist. A document, deed, or instrument; esp., a document that is not under seal, such as a court roll.
negotiable instrument
A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). - Also termed negotiable paper; negotiable note. Among the various types of negotiable instruments are bills of exchange, promissory notes, bank checks, certificates of deposit, and other negotiable securities.
order instrument
See order paper under PAPER.
perfect instrument
See INSTRUMEN'
perfect instrument.
An instrument (such as a deed or mortgage) that is executed and filed with a public registry.
raising an instrument
The act of fraudulently altering a negotiable instrument, esp. a check, to increase the sum stated as being payable. See raised check under CHECK.
sealed instrument
At common law and under some statutes, an instrument to which the bound party has affixed a personal seal, usu. recognized as providing indisputable evidence of the validity of the underlying obligations. ( The common-law distinction between sealed and unsealed instruments has been abolished by many states, and the UCC provides that the laws applicable to sealed instruments do not apply to contracts for the sale of goods or tract under seal under CONTRACT; SPECIALTY.
statutory instrument
A British administrative regulation or order.
trust instrument
See declaration of trust under DECLARATION.