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Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

At issue.

taking opposite sides; under dispute; in question <the federal appeals courts are at issue over a question of law>.

At-issue waiver

an exemption from the attorney-client privilege, whereby a litigant is considered to have waived the privilege by taking a position that cannot be effectively challenged without analyzing privileged information. Cf. Offensive-use waiver.

Issue

ub. 1. To accrue <rents issuing from land> 2. To be put forth officially <without probable cause, the search warrant will not issue> 3. To send out or distribute officially <issue process> <issue stock>.

Issuer

1. A person or entity (such as a corporation or bank) that issues securities, negotiable instruments, or letters of credit. 2. A bailee that issues negotiable or nonnegotiable documents of title.

Overissue

n. An issue of securities beyond the authorized amount of capital or credit.

Reissue

1. An abstractor's certificate certifying to the correctness of an abstract. ( A reissue is an important precaution when the abstract comprises an original abstract brought down to a certain date and then several continuations or extensions showing matters that have occurred since the date of the original abstract. 2. See reissue patent under PATENT (3).

a issue

[law french] at issue

bond issue

See ISSUE (2)

collateral issue

A question or issue not directly connected with the matter in dispute.

collateral-issue

See ISSUE (1).

date of issue

1. Commercial law. An arbitrary date (for notes, bonds, and other documents in a series) fixed as the beginning of the term for which they run; the date that a stock or bond bears on its face, not the date on which it is actually signed, delivered, or put into circulation. ( When a bond is delivered to a purchaser, it is considered "issued." But this concept is distinguishable from the "date of issue," which remains fixed, regardless of the date of sale or delivery. 2. Insurance. The date specified in the policy as the "date of issue," not the date on which the policy is executed or delivered, and regardless of other dates that may be specified in the policy or elsewhere, such as the date that the policy is to "take effect."

deep issue

See ISSUE (1).

deep issue.

The fundamental issue to be decided by a court in ruling on a point of law. "Essentially, a deep issue is the ultimate, concrete question that a court needs to answer to decide a point your way. Deep refers to the deep structure of the case - not to deep thinking. The deep issue is the final question you pose when you can no longer usefully ask the follow-up question, And what does that turn on?'" Bryan A. Garner, The Winning Brief 49 (1999).

dying without issue

See FAILURE OF ISSUE.

fact in issue.

1. Hist. A fact that the plaintiff alleges and that the defendant controverts. 2. A fact to be determined by a fact-trier; PROBANDUM. - Also written fact-inissue. - Also termed principal fact. "A fact-in-issue is a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded; the term 'probandum' (thing to be proved) will here be used as the convenient single word." John H. Wigmore, A Students' Textbook of the Lam of Evidence 7 (1935).

failure of issue

The fact of dying without children, esp. if they would have inherited the decedent's estate. - Also termed dying without issue. See ISSUE (3). "There has been considerable litigation during the past several centuries over the meaning of a gift to 'A and his heirs, but if A shall die without issue, to B and his heirs.' First of all, what does 'die without issue' mean? The answer appears simple - you look to the time of A's death to determine whether or not he has any children or grandchildren. But that is not the way the English courts originally construed this language. The English adopted the so-called 'indefinite failure of issue' construction - if at any time in the future A's line of descent should come to an end, then there was a gift over to B and his heirs. The effect of this was a fee tail in A and a remainder in B. This seems a distortion of the language, and particularly unsuited to American circumstances since the fee tail never found a real home here. Most of our jurisdictions, by judicial decision or statute, adopted the so-called 'definite failure of issue' construction - you look to the date of A's death to determine whether he has issue, and to that time alone. If A has issue at that time, then the gift over to B fails. This seems to be the literal meaning of the words, and it is the only sensible conclusion in a system where the fee tail is virtually a dead letter. The English also struck down the constructional preference for indefinite failure -by statute in the nineteenth century." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 236-37 (2d ed. 1984).

feigned issue

Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action. ( The proceeding was done when a court either lacked jurisdiction or was unwilling to decide the issue. - Also termed fictitious issue The chancellor's decree is either interlocutory or final. t very seldom happens that the first decree can be final, r conclude the cause; for, if any matter of fact is trongly controverted, this court is so sensible of the deficiency of trial by written depositions, that it will not bind the parties thereby, but usually directs the matter to be tried by jury .... But, as no jury can be summoned to attend this court, the fact is usually directed to be tried at the bar of the court of king's bench or at the assises, upon a feigned issue. For, (in order to bring it there, and have the point in dispute, and that only, put in issue) an action is feigned to be brought, wherein the pretended plaintiff declares that he laid a wager of 51. with the defendant that A was heir at law to B; and then avers that he is so; and therefore demands the 51. The defendant allows the wager, but avers that A is not the heir to B; and thereupon the issue is joined .... These feigned issues seem borrowed from the sponsio judicialis of the Romans: and are also frequently used in the courts of law, by consent of the parties, to determine some disputed rights without the formality of pleading . . . ." 3 William Blackstone, Commentaries on the Laws of England 452 (1768).

fictitious issue

See FEIGNED ISSUE.

general issue

1. A plea (often a general denial) by which a party denies the truth of every material allegation in an opposing party's pleading. 2. The issue arising from such a plea. "The general issue is a denial of the legal conclusion sought to be drawn from the declaration. It denies by a general form of expression the defendant's liability, and enables the defendant to contest, without specific averments of the defense to be asserted, most of the allegations which the plaintiff may be required to prove to sustain his action, and in some actions to raise also various affirmative defenses. It fails to perform the functions of pleading, either in giving notice or in reducing the case to specific issues." Benjamin J. Shipman, Handbook of Common-law Pleading § 169, at 304 (Henry Winthrop Ballantine ed., 3d ed. 1923).

general issue.

See ISSUE (1.

genuine issue of material fact

Civil procedure. In the law of summary judgments, a triable, substantial, or real question of fact supported by substantial evidence. ( An issue of this kind precludes entry of summary judgment.

hot issue.

A security that, after an initial or secondary offering, is traded in the open market at a substantially higher price. - Also termed hot stock.

immaterial issue

An issue not necessary to decide the point of law.

indefinite failure of issue

A failure of issue whenever it happens, without any certain period within which it must happen.

issue estoppel

See COLLATERAL ESTOPPEL.

issue of fact

A point supported by one party's evidence and controverted by another's.issue of law. A point on which the evidence is undisputed, the outcome depending on the court's interpretation of the law.

issue of law.

See ISSUE (I).

issue pleading

The common-law method of pleading, the main purpose of which was to frame an issue. Cf. code pleading.

issue preclusion

See COLLATERAL ESTOPPEL.

issue roll

Hist. English law. A court record on which the issues in contested matters are briefly noted. ( This practice was abolished in 1834. See INCIPITUR.

issued stock

Capital stock that has been authorized and sold to subscribers, but may be reacquired, such as treasury stock.

joinder in issue

See joinder of issue (2) under JOINDER.

joinder of issue

See JOINDER.

joinder of issue.

1. The submission of an issue jointly for decision. 2. The acceptance or adoption of a disputed point as the basis of argument in a controversy. - Also termed joinder in issue. 3. The taking up of the opposite side of a case, or of the contrary view on a question.

lawful issue

Descendants, including descendants more remote than children. 0 At common law, the term included only those who were children of legally recognized subsisting marriages. See DESCENDENT; HEIR. 4. Commercial law. The first delivery of a negotiable instrument by its maker or holder.

leave no issue

ub. To die without a surviving child, children, or descendants. ( The spouse of a deceased child is usu. not issue.

legal issue

A legal question, usu. at the foundation of a case and requiring a court's decision.

new issue.

See ISSUE (2)

nonreporting issuer

An issuer not subject to the reporting requirements of the Exchange Act because it (1) has not voluntarily become subject to the reporting requirements, (2) has not had an effective registration statement under the Securities Act within the fiscal year, and (3) did not, at the end of its last fiscal year, meet the shareholder or asset tests under the Exchange Act registration requirements.

original issue

See ISSUE (2).

original-issue discount

The amount by which a bond is sold below its par value when it is first issued. - Abbr. OID.

patent issued within a year of the pending application's filing date. - interfere, ub. interference with a business relationship

See TORTIOUSINTERFERENCE WITH PROSPECTIVE ADVANTAGE.

reissue patent

See PATENT (3).

rents, issues, and profits

The total income or profit arising from the ownership or possession of property.

reviewable issue

See appealable decision uI der DECISION,

shelf issue

An issue of securities that were previously registered but not released at the time of registration. 3. Wills & estates. Lineal descendants; offspring.

special issue

1. At common law, an issue arising from a specific allegation in a pleading. ( Special issues are no longer used in most jurisdictions. 2. See special interrogatory under INTERROGATORY.

tender of issue

Common-law pleading. A form attached to a traverse, by which the traversingparty refers the issue to the proper mode of trial. "[I]t is the object of all pleadings to bring the parties, in the course of their mutual altercations, to an issue that is a single entire point, affirmed on the one side and denied on the other; and it is to effect this object that the above rule was established. There can be no arrival at this point until one or the other of the parties, by the conclusion of his pleading, offers an issue for the acceptance of his opponent, and this offer is called the 'tender of issue.'" Benjamin J. Shipman, Handbook of CommonLaw Pleading § 254, at 446 (Henry Winthrop Ballantine ed., 3d ed. 1923).

two-issue rule

The rule that if multiple issues were submitted to a trial jury and at least one of them is error-free, the appellate court should presume that the jury based its verdict on the proper issue - not on an erroneous one - and should therefore affirm the judgment.

ultimate issue

See ISSUE (1,