Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Attorney malpractice.
see legal malpractice under malpractice.
Bonum defendentis ex integra causa; malum ex quolibet defectu
A good outcome for the defendant comes from a sound case; a bad outcome from some defect
Consortio malorum me quoque malum facit
The company of wicked men makes me also wicked.
Crescente malitia crescere debet et poena.
With increase of malice, punishment ought also to increase.
Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pensata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus
A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.
Dolo malo pactum se non servaturum
An agreement induced by fraud will not preserve itself (will not stand).
Ex dolo malo non oritur action
An action does not arise from a fraud.
Ex maleficio non oritur contractus
A contract does not arise out of an illegal act.
Ex malis moribus bonae leges natae sunt.
Good laws are born from evil morals.
Expedit rei publicae ne sua re quis male utatur
It is to the advantage of the state that a person should not make bad use of his own property.
Express malice
See malice
Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manife
Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, for clamor diminishes, and defamation manifests.
Formal
adj. 1. Pertaining to or following established procedural rules, customs, and practices. 2. Ceremonial. - formality, n.
Himalaya clause.
Maritime law. A provision in a bill of lading extending the carrier's liability limitations under the Carriage of Goods by Sea Act to the carrier's agents and independent contractors. ( This type of clause is usu. strictly construed. See CARRIAGE OF GOODS BY SEA ACT.
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 expositione instrumentorum, mala grammatica, quod fieri potest, vitanda est.
In the construction of instruments, bad grammar is to be avoided as much as possible.
In facto quod se habet ad bonum et malum magis de bona quam de malo lex intendit.
In an act (or deed) that may be considered good or bad, the law looks more to the good than to the bad.
In haeredes non solent transire actiones quae poenales ex maleficio sunt.
Penal actions arising from anything of a criminal nature do not pass to heirs.
In maleficiis voluntas spectatur, non exitus.
In criminal offenses, the intention is regarded, not the event.
In maleficio ratihabitio mandato comparatur
In delict (or tort), ratification is equivalent to authorization. Dig. 43.16.1.15.
Informal
adj. Not done or performed in accordance with normal forms or procedures <an informal proceeding>.
Intentio caeca mala.
A concealed intention is an evil one.
Interest reipublicae ne maleficia remaneant impunita.
It is in the interest of the state that crimes not remain unpunished.
Interest reipublicae ne sua quis male utatur.
It is in the interest of the state that no one misuse his own property.
Laws of Amalfi (ah-mahl-fee)
See AMALPHITAN CODE.
Lex citius tolerare vult privatum damnum quam publicum malum
The law would sooner endure a private loss than a public evil.
Magis de bono quam de malo lex intendit
The law favors a good rather than a bad construction.( When an agreement's words are susceptible of both a favorable and unfavorable meaning, the former is adopted. Thus, a bond conditioned to assign all offices will be construed to apply to assignable offices.
Mal
adj. [Law French "bad; wrong; against"] Bad; wrong. ( In Law French, mal was a separable word, equivalent to the Latin male ("badly"). In its modern uses, mal- is a prefix in terms such as maladministration and malpractice.
Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala grammatica quoad fieri possit evitanda est
Bad grammar does not vitiate a deed; but in the construction of instruments, bad grammar, as far as possible, is to be avoided.
Maladministration
Poor management or regulation, esp. in an official capacity. - Also termed misadministration.
Malapportion
ub. See APPORTIONMENT; GERRYMANDERING.
Malapportionment
n. The improper or unconstitutional apportionment of a legislative district. -
Maledicta expositio quae corrumpit textum
It is a cursed construction that corrupts the text.
Malediction
Hist. A curse connected with the donation of property to a church and applicable against anyone attempting to violate the church's rights.
Malefaction
n. [Latin malefacere "to do evil"] Archaic. An evil deed; a crime or offense. - Also termed maleficium. - malefactory, adj.
Malefactor
n. [Latin] Hist. A wrongdoer; a criminal.
Maleficia propositis distinguuntur
Evil deeds are distinguished by their evil purposes.
Malefscium
n. [Latin 'a misdeed"] Roman law. See MALEFACTION.
Malesworn
p.pl. Forsworn Also spelled malsworn.
Malfeasance
n. A wrongful or unlawful act; esp., wrongdoing or misconduct by a public official; MISFEASANCE IN PUBLIC OFFICE. - Malfeasant(mal-fee-zant) adj. -malfeasor (mal-fee-zar), n. Cf. MISFEASANCE; NONFEASANCE.
Malice
n. 1. The intent, without justification or excuse, to commit a wrongful act. 2. Reckless disregard of the law or of a person's legal rights. 3. Ill will; wickedness of heart. ( This sense is most typical in nonlegal contexts. -malicious, adj. "Malice means in law wrongful intention. It includes any intent which the law deems wrongful, and which therefore serves as a ground of liability. Any act done with such an intent is, in the language of the law, malicious, and this legal usage has etymology in its favour. The Latin malitia means badness, physical or moral -wickedness in disposition or in conduct - not specifically or exclusively ill-will or malevolence; hence the malice of English law, including all forms of evil purpose, design, intent, or motive. [But] intent is of two kinds, being either immediate or ulterior, the ulterior intent being commonly distinguished as the motive. The term malice is applied in law to both these forms of intent, and the result is a somewhat puzzling ambiguity which requires careful notice. When we say that an act is done maliciously, we mean one of two distinct things. We mean either that it is done intentionally, or that it is done with some wrongful motive." John Salmond, Jurisprudence 384 (Glanville L. Williams ed., 10th ed. 1947). "[M]alive in the legal sense imports (1) the absence of all elements of justification, excuse or recognized mitigation, and (2) the presence of either (a) an actual intent to cause the particular harm which is produced or harm of the same general nature, or (b) the wanton and wilful doing of an act with awareness of a plain and strong likelihood that such harm may result .... The Model Penal Code does not use 'malice' because those who formulated the Code had a blind prejudice against the word. This is very regrettable because it represents a useful concept despite some unfortunate language employed at times in the effort to express it." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 860 (3d ed. 1982).
Malicious
1 Substantially certain to cause injury. 2. Without just cause or excuse. malicious abandonmentSee ABANDONMENT
Malicious arrest
an arrest made without probable cause and for an improper purpose; esp., an abuse of process by which a person procures the arrest (and often the imprisonment) of the plaintiff by means of judicial process, without any reasonable cause. 0 malicious arrest can be grounds for an action for abuse of process, false imprisonment, or malicious prosecution.
Malignare
ub. [Latin] Hist. 1. To malign; to slander. 2. To maim.
Malinger
ub. To feign illness or disability, esp. in an attempt to avoid an obligation or to continue receiving disability benefits.
Malison
[fr. Latin malum "evil" + sonus "a sound"] Hist. A curse. -Also spelled maleson.
Malitia
[Latin "malice"] Hist. An actual evil design; express malice. ( Malitia originally signified general wrongdoing, and did not describe a wrongdoer's state of mind; malitia praecogitata, for example, indicated only the seriousness of the offense, though it was eventually rendered malice aforethought.
Malitia est acids, est mali animi affectus
Malice is sour; it is the quality of a bad mind.
Malitia supplet aetatem
Malice makes up for age.
Malitiis hominum est obviandum
The malicious designs of men must be thwarted. ( Also found as Malum hominum est obviandum.