Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Central Intelligence Agency
A U.S. federal agency responsible for gathering, analyzing, and sometimes acting on information relating to national security, esp. foreign intelligence and counterintelligence activities. - Abbr. CIA.
Diligent
adj. Careful; attentive; persistent in doing something.
Generalia verba sunt generaliter intelligenda
General words are to be understood in a general sense.
Generalis regula generaliter est intelligenda
A general rule is to be understood generally.
In re dubia magis infitiatio quam afrmatio intelligenda
In a doubtful 'matter, the negation is to be understood rather than the affirmation.
Leges suum ligent latorem
Laws should bind their own author.
Ligen
n. See LAGAN.
Magna negligentia culpa est; magna culpQ dolus est
Great negligence is fault; great fault is fraud.
Negligence
n. 1. The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights. 0 The term denotes culpable carelessness. The Roman-law equivalents are culpa and negligentia, as contrasted with dolus (wrongful intention). - Also termed actionable negligence; ordinary negligence; simple negligence. 2. A tort grounded in this failure, usu. expressed in terms of the following elements: duty, breach of duty, causation, and damages.
Negligent
adj. Characterized by a person's failure to exercise the degree of care that someone of ordinary prudence would have exercised in the same circumstance <the negligent driver went through the stop sign> <negligent construction caused the bridge to collapse>. negligently, adv.
Negligentia semper habet infortuniam comitem
Negligence always has misfortune for a companion.
Non in legendo sed in intelligendo leges consistent
.The laws consist not in reading but in understanding.
Quando lex est specialis, ratio autem generalis, generaliter lex est intelligenda
When the law is special, but its reason is general, the law is to be understood generally.
Quando verba statuti sunt specialia, ratio autem generalis, generaliter statutum est intelligendum
When the words of a statute are special, but the reason for it general, the statute is to be construed generally.
Statutum generaliter est intelligendum quando verba statuti sunt specialia, ratio autem generalis
A statute is to be understood generally when the words of the statute are special but its reason is general.
Ubi nulls est conjectura quae ducat alio, verba intelligenda sunt ex proprietate non grammatica sed populari ex usu
Where there is no inference that would lead in another direction, the words are to be understood according to their proper meaning, not strictly accordin" to gnaintiiar but acrc)rdiw, to ponol:cr usage.
Verba generalia generaliter sunt intelligenda
General words are to be understood generally.
Verba in differenti materia per prius, non. per posterius, intelligenda sunt
Words referring to a different subject are to be understood by what goes before, not by what follows.
Verba intelligenda sunt in casu possibili
Words are to be understood in reference to a possible case.
Verba ita sunt intelligenda, ut res magis valeat quam pereat
Words are to be so un derstood that the matter may have effect rat h er than fail.
actionable negligence.
See NEGLIGENCE.
active negligence
Negligence resulting from an affirmative or positive act, such as driving through a barrier. Cf, passive negligence.
active negligence.
See NEGLIGENCE.
ad colligendum
[Law Latin] For collecting <administrator ad colligendum >.
ad colligendum bona defuncti
[Law Latin "for collecting the goods of the deceased"] Special letters of administration authorizing a person to collect and preserve a decedent's property.
adhibere diligentiam
vb. [Latin] Civil law. To use care.
advertent negligence
Negligence in which the actor is aware of the unreasonable risk that he or she is creating; RECKLESSNESS. -Also termed willful negligence.
clerico infra sacros ordines constituto, non eligendo in officium
See DE CLERICO INFRA SACROS ORDINES CONSTITUTO, NON ELIGENDO IN OFFICIUM.
collateral negligence
See NEGLIGEN(F.
collateral-negligence doctrine
The rule holding that one who engages an independent contractor is not liable for physical harm that the contractor causes if (1) the contractor's negligence consists solely of the improper manner in which the contractor's work is performed, (2) the risk of harm created is not normal to the work, and (3) the employer had no reason to contemplate the contractor's negligence when the contract was made. collateral note See secured note under NOTE.
comparative negligence
A plaintiff's own negligence that proportionally reduces the damages recoverable from a defendant. -Also termed comparative fault. See COMPARATIVE-NEGLIGENCE DOCTRINE.
comparative-negligence doctrine
Torts. The principle that reduces a plaintiff's recovery proportionally to the plaintiff's degree of fault in causing the damage, rather than barring recovery completely. ( Most states have statutorily adopted the comparative-negligence doctrine. See NEGLIGENCE. Cf. CNTRIBC-'DORY-NEGLIGENCE DOCTRINE.
concurrent negligence
See NEGLIGENCE,
contributory negligence
1. A plaintiff's own negligence that played a part in causing the plaintiff's injury and that is significant enough (in a few jurisdictions) to bar the plaintiff from recovering damages. ( In most jurisdictions, this defense has been superseded by comparative negligence. See CONTRIBUTORY-NEGLIGENCE DOCTRINE. 2. Rare. The negligence of a third party - neither the plaintiff nor the defendant - whose act or omission played a part in causing the plaintiff's injury. "The contributory negligence of a third party is no excuse for the negligence of the defendant." Thomas E. Holland, The Elements of Jurisprudence 154 (13th ed. 1924).
contributory-negligence doctrine
Torts. The principle that completely bars a plaintiff's recovery if the damage suffered is partly the plaintiff's own fault. ( Most states have abolished this doctrine and have adopted instead a comparative-negligence scheme. See LI- GENCE. Cf. COMPARATIVE-NEGLIGENCE DOCTRINE.
coronatore eligendo
See DE CORONATORE ELIGENDO.
criminal negligence
Gross negligence so extreme that it is punishable as a crime. ( For example, involuntary manslaughter or other negligent homicide can be based on criminal negligence, as when an extremely careless automobile driver kills someone. -Also termed culpable negligence; gross negligence. "Though the legislatures and the courts have often made it clear that criminal liability generally requires more fault than the ordinary negligence which will do for tort liability, they have not so often made it plain just what is required in addition to tort negligence - greater risk, subjective awareness of the risk, or both. Statutes are sometimes worded in terms of 'gross negligence' or 'culpable negligence' or 'criminal negligence,' without any further definition of these terms .... The courts thus have had to do their best with little guidance from the legislature, with varying results." Wayne R. LaFave & Austin W. Scott, Jr., Criminal law § 3.7, at 235-37 (2d ed. 1986).
criminally negligent homicide
See negligent homicide under HOMICIDE.
criminally negligent homicide.
See negligent homicide.
culpable negligence
See NEGLIGENCE.
de clerico infra sacros ordines constituto, non eligendo in officium
[Law Latin "for not electing a clerk in holy orders to office"] Hist. A writ ordering a cleric's release from secular office. 0 The writ was addressed to the bailiff or other person who had forced a cleric to take a bailiwick or other secular office.
de coronatore eligendo
n. [Law Latin "for electing a coroner"] Hist. A writ ordering a sheriff to call an election of a coroner to fill a vacant office. See CORONER (2).
de magna assisa eligenda
n. [Law Latin "of choosing the grand assize"] Hist. A writ ordering a sheriff to first summon 4 knights to give oaths before the justices of assize and then choose 12 more knights to form a grand assize to determine who had the right in a writ of right.
degree of negligence
One of the varying levels of negligence typically designated as slight negligence, ordinary negligence, and gross negligence. See NEGLIGENCE. "Although the common law concept of degrees of negligence has been criticized or repudiated in many jurisdictions, the usefulness of the view at common law that degrees of negligence exist is still recognized in a number of jurisdictions, particularly in regard to the distinction between ordinary and gross negligence. Furthermore, legislators have not been dissuaded from using the degrees of negligence concept when it is helpful to achieve a legislative purpose." 57A Am. Jur. 2d Negligence § 233, at 274 (1989).
diligence.
1. A continual effort to accomplish something. 2. Care; caution; the attention and care required from a person in a given situation. 0 The Roman-law equivalent is diligentia. See DILIGENTIA."Care, or the absence of negligentia, is diligentia. The use of the word diligence in this sense is obsolete in modern English, though it is still retained as an archaism of legal diction. In ordinary usage, diligence is opposed to idlenes
diligent inquiry
A careful and good-faith probing to ascertain the truth of something.
diligentia
n. [Latin] Roman law. Carefulness; diligence. 0 The failure to exercise diligentia might make a person liable if contractually obliged to look after another's interests, or it might result in tort liability. Cf. NEGLIGENTIA. See DILIGENCE.
diligentia exactissima
n. [Latin] Extraordinary diligence that a head of a family habitually exercises in business. - Also termed diligentia exacta; diligentia boni patrisfamilias. See extraordinary diligence under DILIGENCE.
diligentia quam suis rebus
n. [Latin] The care that an ordinary person exercises in managing his or her affairs. See ordinary diligence under DILIGENCE."The texts distinguish two standards of diligence, a higher and a lower. The higher is the diligence which the good father of a family habitually exhibits in his own affairs (diligentia exacta or exactissima - diligentia boni patrishamilias). The lower is
due diligence
1. The diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. - Also termed reasonable diligence. 2. Corporations & securities. A prospective buyer's or broker's investigation and analysis of a target company, a piece of property, or a newly issued security. ( A failure to exercise due diligence may sometimes result in liability, as when a .broker recommends a security without first investigating it adequately.