Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assault with intent
Any of several assaults that are carried out with an additional criminal purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with intent to rape, and assault with intent to inflict great bodily injury. ( these are modern statutory inventions that are often found in state criminal codes.
Assault with intent to commit rape
see assault.
Assault with intent to commit rape1
An assault carried out with the additional criminal purpose of intending to rape the victim. - also termed assault to rape.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
Breve ita dicitur, quia rein de qua agitur, et intentionem petentis, paucis verbis breviter enarrat
A writ is called a "breve" because it briefly states, in few words, the matter in dispute, and the object of the party seeking relief.
Certa debet esse intentio et narratio et certum fundamentum et certa res quae deducitur in judicium
The design and narration ought to be certain, the foundation certain, and the matter certain that is brought into court to be tried.
Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda
A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.
Fides est obligatio conscientiae alicujus ad intentionem alterius
A trust is an obligation of conscience of one to the will of another.
In criminalibus suicit generalis malitia intentionis cum facto paris gradus
In criminal cases, a general malice of intention is sufficient if combined with an act of equal or corresponding degree.
In testamentis plenius testatoris intentionem scrutamur.
In wills we examine the intention of the testator more fully.
Intent
1. The state of mind accompanying an act, esp. a forbidden act. * Whereas motive is the inducement to do some act, intent is the mental resolution or determination to do it. When the intent to do an act that violates the law exists, motive becomes immaterial. Cf. MOTIVE; SCIENTER. "The phrase with intent to,' or its equivalents, may mean any one of at least four different things: - (1) That the intent referred to must be the sole or exclusive intent; (2) that it is sufficient if it is one of several concurrent intents; (3) that it must be the
Intentio caeca mala.
A concealed intention is an evil one.
Intentio inservire debet legibus, non leges intentioni.
The intention ought to be subject to the laws, not the laws to the intention.
Intentio mea imponit nomen operi meo.
My intent gives a name to my act.
Intention
n. The willingness to bring about something planned or foreseen; the state of being set to do something. - intentional, adj. "Intention is the purpose or design with which an act is done. It is the foreknowledge of the act, coupled with the desire of it, such foreknowledge and desire being the cause of the act, inasmuch as they fulfil themselves through the operation of the will. An act is intentional if, and in so far as, it exists in idea before it e3dsts in fact, the idea realising itself in the fact because of the desire by which it is accompanied." John Salmond, Jurisprudence 378 (Glanville L. Williams ed., 10th ed. 1947).
Intentional
adj. Done with the aim of carrying out the act.
Omne actum ab intentione agentis est judieandum
Every act is to be judged by the intention of the doer.
Relatio est frctio juris et intenta ad unum
Relation is a fiction of law, and intended for one thing.( Coke explains, "Relatio is a fiction of law to make a nullity of a thing ab initio"; obstacles are removed for the one purpose, ut res magis valeat, that the matter have effect. 3 Coke 28.
Sapiens incipit a fine, et quod primum est in intentione, ultimum est in executione
A wise person begins from the end, and what is first in intention is last in execution.
Testatoris ultima voluntas est perimplenda secundum veram intentionem suam
The last will of a testator is to be fulfilled according to his true intention.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam
The last will of a testator is to be fulfilled according to his true intention.
Verba intentioni, et non a contra, debent inservire
Words should be subject to the intention, not the reverse.
Voluntas ultima testatoris est perimplenda secundum veram intentionem suam
the last will of a testator is to fulfilled according to his true intention
a ma intent
[law french] on my action.
congressional intent
See LEGISLATIVE INTENT.
constructive intent
A legal principle that actual intent will be presumed when an act leading to the result could have been reasonably expected to cause that result. "Constructive intent is a fiction which permits lip service to the notion that intention is essential to criminality, while recognizing that unintended consequences of an act may sometimes be sufficient for guilt of some offenses." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 835 (3d ed. 1982).
criminal intent
1 MENS REA. 2. AIi mtont to commit an actus reus without any justification. excuse, or other defense. "The phrase 'criminal intent' is one that has been h,r~.. died about with various meanings not carefully distrn. guished. At times it has been used in the sense of t?.e 'intent to do wrong' (the outline of the mental pato rn which is necessary for crime in general), - as for example, in the phrase 'the mental element commw;h called criminal intent.' At times it has been used in the sense of mens rea as the mental element requisite for guilt of the very offense charged, 'a varying state of mind which is the contrary of an innocent state of mind, whatever may be pointed out by the nature of the crime as an innocent state of mind.' Often it is used to include criminal negligence as well as an actual intent to do the harmful deed, although at other times such negligence is referred to as a substitute, so to speak, for criminal intent in connection with certain offenses. Occasionally is found in the sense of an intent to violate the law, -implying a knowledge of the law violated. On the other hand, as such knowledge is a factor not ordinarily required for conviction it has been pointed out that to establish ignorance of the law does not disprove criminal intent. Thus it has been said (assuming the absence of any circumstance of exculpation) 'whenever an act is criminal, the party doing the act is chargeable with criminal intent.' . . . This suggests a helpful guide for the use of the phrase 'criminal intent.' Some other term such as mens rea or guilty mind should be employed for more general purposes, and 'criminal intent' be restricted to those situations in which there is (1) an intent to do the actus reus, and (2) no circumstance of exculpation." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 8.32-34 (3d ed. 1982).
declaration of intention
An alien's formal statement resolving to become a U.S. citizen and to renounce allegiance to any other government or country.
dormant legislative intent
See LEGISLATIVE INTENT.
ear Intentione
[Latin] With that intent.
general intent
See INTENT (1),
general intent.
The state of mind required for the commission of certain common-law crimes not requiring a specific intent or not imposing strict liability. ( General intent usu. takes the form of recklessness (involving actual awareness of a risk and the culpable taking of that risk) or negligence (involving blameworthy inadvertence).
immediate intent
See INTENT (1).
immediate intent.
The intent relating to a wrongful act; the part of the total intent coincident with the wrongful act itself.
implied intent
See INTENT (1).
implied intent.
A person's state of mind that can be inferred from speech or conduct, or from language used in an instrument to which the person is a party.
intent of the legislature.
See LEGISLATIVE INTENT.
intent to kill.
See INTENT (1).
intent-to-use application
Trademarks. An application filed with the U.S. Patent and Trademark Office to register a trademark or service-mark on the principal register based on a bona fide intention to use the mark. 0 Trademark rights have traditionally been established by actual use in commerce. In 1988, the Federal Trademark Act (the Lanham Act) was amended to permit applications to be filed based on merely the intent to use the mark. 15 USCA ยง 1051(b). inter (in-tar), prep. [Latin] Among.
intentio
[Latin] 1. Roman law. The part of a formula in which the plaintiff's claim against the defendant is stated. See FORMULA (1). 2. Hist. A count or declaration in a real action. ( Intentio was an earlier name for narratio. See NARRATIO.
intentional act.
See ACT (2)
intentional infliction of emotional distress.
The tort of intentionally or recklessly causing another person severe emotional distress through one's extreme or outrageous acts. 0 In a few jurisdictions, a physical manifestation of the mental suffering is required for the plaintiff to recover. - Also termed (in some states) outrage. See EMOTIONAL DISTRESS. Cf. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.
intentional manslaughter. See voluntary manslaughter under MANSLAUGHTER. intentional tort.
See TORT.
intentional tort
A tort committed by someone acting with general or specific intent. ( Examples include battery, false imprisonment, and trespass to land. - Also termed willful tort. Cf. NEGLIGENCE.
intentional wrong.
A wrong in which the mens rea amounts to intention, purpose, or design. - Also termed willful wrong.
intentional-injury exclusion
See expected/intended exclusion under EXCLUSION (3).
larcenous intent
A state of mind existing when a person (1) knowingly takes away the goods of another without any claim or pretense of a right to do so, and (2) intends to deprive the owner of them or to convert the goods to personal use. See LARCENY.
latent intent
See dormant legislative intent under LEGISLATIVE INTENT.
latent intention
See dormant legislative intent under LEGISLATIVE INTENT.
legislative intent
The design or plan that the legislature had at the time of enacting a statute. - Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. "The intention of the legislature is a common but very slippery phrase, which, popularly understood, may signify anything from intention embodied in positive enactment to speculative opinion as to what the legislature probably would have meant, although there has been an omission to enact it. In a court of law or equity, what the legislature intended to be done or not to be done can only be legitimately ascertained from that which it has chosen to enact, either in express words or by reasonable and necessary implication." Soloman v. Salomon & Co., [1897] A.C. 22, at 38 (as quoted in Rupert Cross, Statutory Interpretation 36-37 (1976)).