Legal Dictionary of Pakistan

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

Asking price

see price.

Assayer of the king

hist. An officer of the royal mint, appointed by st. 2 hen. 6, ch. 12, who receives and tests bullion taken in for coining. - also termed assayator regis.

Backing. Endorsement, esp. Of a warrant by a magistrate.

See back (4).

Banking

the business carried on by or with a bank.

Banking act of 1933

see glass-steagall act

Banking day

1. Banking hours on a day when a bank is open to the public for carrying on substantially all its banking functions. ( typically, if the bookkeeping and loan departments are closed by a certain hour, the remainder of that day is not part of that bank's banking day. 2. A day on which banks are open for banking business.

Banking game

a gambling arrangement in which the house (i.e., the bank) accepts bets from all players and then pays out winning bets and takes other bettors' losses.

Bookmaking

Gambling that entails the taking and recording of bets on an event, such as a horse race.

Breaking

Criminal law. In the law of burglary, the act of entering a building without permission."[T]o constitute a breaking at common law, there had to be the creation of a breach or opening; a mere trespass at law was insufficient. If the occupant of the dwelling had created the opening, it was felt that he had not entitled himself to the protection of the law, as he had not properly secured his dwelling .... In the modern American criminal codes, only seldom is there a requirement of a breaking. This is not to suggest, however, that elimination of this requirement has left the 'entry' element unadorned, so that any type of entry will suffice. Rather, at least some of what was encompassed within the common law 'breaking' element is reflected by other terms describing what kind of entry is necessary. The most common statutory term is 'unlawfully,' but some jurisdictions use other lan

Burking

The crime of murdering someone, usu. by smothering, for the purpose of selling the corpse. ( This term arose from the Scottish murder team of Burke and Hare, whose practice in 1828 of suffocating their victims while leaving few visible marks made the corpses more salable to medical schools burke, ub

Carjacking

The forcible theft of a vehicle from a motorist.

Counting House of the King's Household

See BOARD OF GREEN CLOTH.

Court of King's Bench

See KING'S BENCH.

Court of the Steward of the King's Household

Hist. A court having jurisdiction overcriminal cases involving a member of the royal household. ( This court's jurisdiction was at first limited to acts of violence by the king's servants toward a member of the king's council, but it was later given broader criminal authority. The Court was abolished in 1828.

Cracking

n. A gerrymandering technique in which a geographically concentrated political or racial group that is large enough to constitute a district's dominant force is broken up by district lines and dispersed throughout two or more districts. Cf. PACKING; STACKING (2).

Cyberstalking

The act of threatening, harassing, or annoying someone through multiple email messages, as through the Internet, esp. with the intent of placing the recipient in fear that an illegal act or an injury will be inflicted on the recipient or a member of the recipient's family or household.

Declaration of Taking Act

The federal law regulating the government's taking of private property for public use under eminent domain. 40 USCA ยง 258a. 0 Fair compensation must be paid for the property.

Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.

An international convention, convened on October 26, 1968, that provides the formal procedures for obtaining evidence in a foreign country, such as taking a deposition abroad. ( More than 27 countries are parties, including the United States, which became a signatory on October 7, 1972.

Jaywalking

n. The act or instance of crossing a street without heeding traffic regulations, as by crossing between intersections or at a place other than a crosswalk. -jaywalk, vb.

Keeper of the King's Conscience

See LORD CHANCELLOR.

King

English law. The British government; the Crown. "In modern times it has become usual to speak of the Crown rather than of the King, when we refer to the King in his public capacity as a body politic. We speak of the property of the Crown, when we mean the property which the King holds in right of his Crown. So we speak of the debts due by the Crown, of legal proceedings by and against the Crown, and so on. The usage is one of great convenience, because it avoids a difficulty which is inherent in all speech and thought concerning corporations sole, the difficulty, namely, of distinguishing adequately between the body politic and the human being by whom it is represented and whose name it bears." John Salmond, Jurisprudence 341-42 (Glanville L. Williams ed., 10th ed. 1947).

King's Bench

Historically, the highest common-law court in England, so called during the reign of a king. ( In 1873, the court's jurisdiction was transferred to the Queen's Bench Division of the High Court of Justice. - Abbr. K.B. - Also termed Court of King's Bench; Coram Rege Court. Cf QUEEN'S BENCH; QUEEN'S BENCH DIVISION. "The court of King's Bench is the highest court of ordinary justice in criminal cases within the realm, and paramount to the authority of justices of gaol delivery, and commissions of oyer and terminer. It has jurisdiction over all criminal causes, from high treason down to the most trivial misdemeanor or breach of the peace." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 156 (2d ed. 1826).

King's Chambers

In the United Kingdom, waters lying within an imaginary line drawn from headland to headland around the coast of Great Britain.

King's Counsel

In the United Kingdom, Canada, and territories that have retained the rank, an elite, senior-level barrister or advocate appointed to serve as counsel to the king. - Also termed senior counsel. - Abbr. K.C. Cf. QUEEN'S COUNSEL.

King's Court

See CURIA REGIS.

King's Great Sessions in Wales

See COURT of GREAT SESSIONS IN WALES.

King's advocate

See LORD ADVOCATE.

King's evidence

See Queen's evidence under EVIDENCE.

King's peace

Hist. A royal subject's right to be free from crime (to "have peace") in certain areas subject to the king's immediate control, such as the king's palace or highway. e A breach of the peace in one of these areas subjected the offender to punishment in the king's court. Over time, the area subject to the king's peace grew, which in turn increased the jurisdiction of the royal courts. - Also written King's Peace. Cf. AGAINST THE PEACE AND DIGNITY OF THE STATE. "A breach of the King's Peace was at one time the most comprehensive of all offences against the Crown; it indeed included, and still includes, all the more serious crimes. At one time, in fact, every indictment charged the accused with an offence 'against the peace of our Sovereign Lord the King'; and, though this form is no longer employed, that is mainly because the imperative duty of not disturbing the King's Peace has by now evolved into an elaborate system of Criminal Law." Edward Jenks, The Book of English Law 134 (P.B. Fairest ed., 6th ed. 1967).

King's proctor

See QUEEN'S PROCTOR.

King's silver

Hist. Money paid in the Court of Common Pleas for a license to levy a feudal fine; an amount due on granting a conge d'accorder in levying a fine of lands. ( It amounted to three-twentieths of the supposed annual value of the land, or ten shillings for every five marks of land. - Also termed post-fine. See CONGE D'ACCORDER; FINE (1).

Lawmaking

See LEGISLATION (1).

Loansharking

n. The practice of lending money at excessive and esp. usurious rates, and often threatening or using extortion to enforce repay- ment. - Also termed extortionate credit transaction. - loan-shark, ub. - loan shark, n.

Masking

n. In critical legal studies, the act or an instance of concealing something's true nature <being a crit, Max contends that the legal system is merely an elaborate masking of social injustices>. - mask, ub.

Parking

1. The sale of securities subject to an agreement that the seller will buy them back at a later time for a similar price. 0 Parking is illegal if done to circumvent securities regulations or tax laws. It is often a method of evading the net-capital requirements of the National Association of Securities Dealers (NASD), which requires a brokerage firm to discount the value of any stock it holds in its own account when it files its monthly report about its net-capital condition. To reach technical compliance with the NASD's net-capital requirements, a brokerage firm "sells" stock from its own account to a customer at market price, thereby avoiding the discount for reporting purposes. Having filed its report, it can then "buy" the shares back from the customer, usu. at the same price at which it "sold" the stock, plus interest. 2. The placement of assets in a safe, short-term investment while other investment opportunities are being considered. - Also termed (in sense 1) stock parking.

Rulemaking

n. The process used by an administrative agency to formulate, amend, or repeal a rule or regulation. - Also termed administrative rulemaking. - rulemaking, adj. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL AGENCY ACTION.

Sabbath-breaking

The violation of laws or rules on observing the Sabbath; esp., the violation of a blue law.

Stacking

1. Insurance. The process of obtaining benefits from a second policy on the same claim when recovery from the first policy alone would be inadequate.

Stalking

1. The act or an instance of following another by stealth. 2. The offense of following or loitering near another, often surreptitiously, with the purpose of annoying or harassing that person or committing a further crime such as assault or battery. ( Some statutory definitions include an element that the person being: stalked must reasonably feel harassed, alarmed. or distressed about personal safety or the safety of one or more persons for whom that person is; responsible. And some definitions stipulate that acts such as telephoning another and remaining silent during the call amount to stalking.

Tacking

1. The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp., the adding of one's own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period. See ADVERSE POSSESSION. 2. The joining of a junior lien with the first lien in order to acquire priority over an intermediate lien.

Taking

n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control.

Takings Clause

The Fifth Amendment provision that prohibits the government from taking private property for public use without fairly compensating the owner. See EMINENT DOMAIN.

Undertaking

n. 1. A. promise, pledge, or engagement. 2. A bail bond.

United Kingdom

A country in Europe comprising England, Scotland, Wales, and Northern Ireland, but not the Isle of Man or the Channel Islands. - Abbr. U.K.

actual taking

A physical appropriation of an owner's property by an entity clothed with eminent-domain authority.

actual taking.

See TAKING

administrative rulemaking.

See RULEMAKING.

aid of the king

hist. a request of the king made by a tenant for relief from another's demand for rent.

asking price

The price at which a seller lists property for sale, often implying a willingness to sell for less. - Also termed ask price; offering price.

banking day

See BANKING DAY.