Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Knowledge
1. An awareness or understanding of a fact or circumstance. Cf. INTENT (1); NOTICE; SCIENTER. It is necessary . .. to distinguish between producing a result intentionally and producing it knowingly. Intention and knowledge commonly go together, for he who intends a result usually knows that it will follow, and he who knows the consequences of his act usually intends them. But there may be intention without knowledge, the consequence being desired but not foreknown as certain or even probable. Conversely, there may be knowledge without intention, the consequence being foreknown as the inevitable concomitant of that which is desired, but being itself an object of repugnance rather than desire, and therefore not intended. When King David ordered Uriah the Hittite to be set in the forefront of the hottest battle, he intended the death of Uriah only, yet he knew for a certainty that many others of his men would fall at the same time and place." John Salmond, Jurisprudence 380-81 (Glanville L. Williams ed., 10th ed. 1947). "'Knowingly' or 'knowledge' has a broad sweep when used in connection with the element of a crime, and an untrue representation has been 'knowingly' made if by one who knows it is untrue, believes it is untrue or is quite aware that he has not the slightest notion whether it is true or not." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 379 (3d ed. 1982). "[B]ecause there are several areas of the criminal law in which there may be good reason for distinguishing between one's objectives and [one's] knowledge, the modern approach is to define separately the mental states of knowledge and intent . . . . This is the approach taken in the Model Penal Code [§ 2.02(2)(a) & (b)]." Wayne R. LaFave & Austin W. Scott, Jr-, Criminal Law 218 (2d ed. 1986).
accredited investor. An investor treated under the Securities Act of 1933 as being knowledgeable and sophisticated about financial matters, esp. because of the investor's large net worth. 0 In a secur
See REPRESENTATIVE.
acknowledge,
To recognize (something) as being factual <acknowledge the federal court's jurisdiction>. 2. To show that one accepts responsibility for <acknowledge paternity of the child>. 3. To make known the receipt of <acknowledged the plaintiff's letter>. 4. To confirm as genuine before an authorized officer <acknowledged before a notary public>. 5. (Of a notary public or other officer) to certify as genuine <the notary acknowledged the genuineness of the signature>.
actual knowledge
1. Direct and clear knowledge, as distinguished from constructive knowledge <the employer, having witnessed the accident, had actual knowledge of the worker's injury>. - Also termed express actual knowledge. 2. Knowledge of such information as would lead a reasonable person to inquire further <under the discovery rule, the limitations period begins to run once the plaintiff has actual knowledge of the injury. - Also termed (in sense 2) implied actual knowledge. "The third issue in section 523(a)(3) is the meaning of 'notice or actual knowledge.' Under the Uniform Commercial Code knowledge means actually knowing something; notice means having received information from which one could infer the existence of the relevant fact. What the adjective 'actual' adds to the idea of 'knowledge' is unclear." David G. Epstein et al., Bankruptcy § 7-27, at 516 (1993).
actual knowledge.
See KNOWLEDGE.
carnal knowledge
Sexual intercourse, esp. with an underage female."The ancient term for the act itself was 'carnal knowledge' and this is found in some of the recent cases and statutes. The phrase 'sexual intercourse,' more common today apart from legal literature, is also found in recent cases and statutes. Either term, when the reference is to rape, is sometimes coupled with the word 'ravish.' And unlawful intercourse with a girl under the age of consent is often characterized as 'carnal knowledge and abuse.'" Rollin M. Perkins & Ronald N. Boyce, Criminal Law 201 (3d ed. 1982).
common knowledge
See COMMON KNOWLEDGE.
common-knowledge exception
The principle that lay testimony concerning routine or simple medical procedures is admissible to establish negligence in a medical-malpractice action. ( This is a narrow exception in some jurisdictions to the rule that a medical-malpractice plaintiff must present expert testimony to establish negligence.
constructive knowledge
Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person <the court held that the partners had constructive knowledge of the partnership agreement even though none of them had read it>.
express actual knowledge
See actual knowledge (1).
firsthand knowledge
See personal knowledge under KNOWLEDGE.
implied actual knowledge
See actual knowledge (2).
imputed knowledge
Knowledge attributed to a given person, esp. because of the person's legal responsibility for another's conduct <the principal's imputed knowledge of its agent's dealings>.
judicial knowledge
See JUDICIAL NOTICE.
knowledge-of-falsity exclusion
A provision in some commercial general liability policies, excluding coverage for damages arising from an oral or written communication made by the insured with knowledge that it is false.
personal knowledge
See KNOWLEDGE.
reckless knowledge
A defendant's belief that there is a risk that a prohibited circumstance exists, regardless of which the defendant goes on to take the risk.
reckless knowledge.
See KNOWLEDGE
scientific knowledge
Evidence. Knowledge that is grounded on scientific methods that have been supported by adequate validation. ( Four primary factors are used to determine whether evidence amounts to scientific knowledge: (1) whether it has been tested; (2) whether it has been subject to peer review and publication; (3) the known or potential rate of error; and (4) the degree of acceptance within the scientific community. See DAUBERT TEST; SCIENTIFIC METHOD.
superior knowledge
Knowledge greater than that had by another person, esp. so as to adversely affect that person <in its fraud claim, the subcontractor alleged that the general contractor had superior knowledge of the equipment shortage>. 2. Archaic. CARNAL KNOWLEDGE.