Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Brady material
Information or evidence that is favorable to a criminal defendant's case and that the prosecution has a duty to disclose. The prosecution's withholding of such information violates the defendant's due-process rights. Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963). Cf. JENCKS MATERIAL.
Immaterial
adj. (Of evidence) tending to prove some fact that is not properly at issue; lacking any logical connection with the consequential facts. - immateriality, n. Cf. IRRELEVANT. "The rules of substantive law and of pleading are what determine immateriality; and if the probandum is immaterial, of course no evidence to prove it is wanted." John H. Wigmore, A Students' Textbook of the Law of Evidence 37 (1935).
Immaterial averment
an averment that alleges something in needless detail; a statement that goes far beyond what is in issue. ( this type of averment may be ordered struck from the pleading.
Jencks material
Criminal procedure. A prosecution witness's written or recorded pretrial statement that a criminal defendant, upon filing a motion after the witness has testified, is entitled to have in preparing to cross-examine the witness. 9 The defense may use a statement of this kind solely for impeachment purposes. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007 (1957); Jencks Act, 18 USCA § 3500. Cf. BRADY MATERIAL.
Librorum appellatione continentur omnia volumina, sive in charta, sive in membrana sint, sive in quavis alia material
Under the name of books are contained all volumes, whether upon paper, or on parchment, or on any other material.
Material
adj. 1. Of or relating to matter; physical <material goods>. 2. Having some logical connection with the consequential facts <material evidence>. 3. Of such a nature that knowledge of the item would affect a person's decision-making process; significant; essential <material alteration of the document>. - materiality, n. Cf. RELEVANT. material allegation See ALLEGATION.
Materialman
A person who supplies materials used in constructing or repairing a structure or vehicle.
fact material to risk
Insurance. A fact that may increase the risk and that, if disclosed, might induce the insurer either to decline to insure or to require a higher premium. foundational fact See predicate fact.
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.
immaterial averment
See AVERMENT.
immaterial breach
See partial breach under BREACH OF CONTRACT.
immaterial evidence
1. Evidence lacking in probative value. 2. Evidence offered to prove a matter that is not in issue.
immaterial fact
See FACT.
immaterial issue
An issue not necessary to decide the point of law.
immaterial variance
See VARIANCE (1).
immaterial variance.
A variance that is too slight to mislead or prejudice the defendant, and is thus harmless error. 2. A license or official authorization to depart from a zoning law. - Also termed (in sense 2) zoning variance. Cf. SPECIAL EXCEPTION (2); SPECIAL-USE PERMIT.
material allegation
in a pleading, an assertion that is essential to the claim or defense < a material allegation in a battery case is harmful or offensive contact with a person>.
material alteration
See ALTERATION,
material breach
See BREACH OF CONTRACT.
material change in circumstances
Family law. An involuntary occurrence that, if it had been known at the time of the divorce decree, would have resulted in the court's issuing a different decree, as when an involuntary job loss creates a need to modify the decree to provide for reduced child-support payments.
material evidence
Evidence having some logical connection with the consequential facts or the issues. Cf. relevant evidence.
material fact
See FACT.
material information
Securities. Information that would be important to a reasonable investor in making an investment decision. ( In the context of an "efficient" market, materiality translates into information that alters the price of a firm's stock. Securities Exchange Act of 1934 § 10(b), 15 USCA § 78j(b); 17 CFR § 240.1Ob-5.
material misrepresentation
See MISREPRESENTATION.
material misrepresentation.
1. Contracts. A false statement that is likely to induce a reasonable person to assent or that the maker knows is likely to induce the recipient to assent. 2. Torts. A false statement to which a reasonable person would attach importance in deciding how to act in the transaction in question or to which the maker knows or has reason to know that the recipient attaches some importance. See Restatement (Second) of Torts § 538 (1979).
material representation
See REPRESENTATION.
material terms
Contractual provisions dealing with significant issues such as subject matter, price, payment terms, quantity, quality, duration, or the work to be done.
material witness
A witness who can testify about matters having some logical connection with the consequential facts, esp. if few others, if any, know about those matters.
materialman's lien
See mechanic's lien under LIEN.