Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Criminative
adj. Of, relating to or involving incrimination or accusation. Cf, INFIRMATIVE. i
Native
n. 1. A person who is a citizen of a particular place, region, or nation by virtue of having been born there. 2. A person whose national origin derives from having been born within a particular place. 3. Loosely, a person born abroad whose parents are citizens of the nation and are not permanently residing abroad. 4. Loosely, a person or thing belonging to a group indigenous to a particular place. ( The term Native American is sometimes shortened to native.
advowson donative
an advowson in which the patron has the right to put a cleric in possession by a mere gift, or deed of donation, without any presentation to the bishop. 0 this type of advowson was converted into the advowson presentative by the benefices act of 1898. -also termed donative advowson. "an advowson donative is when the king, or any subject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron; subject to his visitation only, and not to that of the ordinary; and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction. this is said to have been anciently the only way of conferring ecclesiastical benefices in england; the method of institution by the bishop not being established more early than the time of archbishop becket in the reign of henry ii." 2 william blackstone, commentaries on the lams of england 23 (1766).
alienative
adj"[alny transfer of real estate short of a conveyance of the title is not an alienation of the estate." 4a john alan appleman & jean appleman, insurance law and practice § 2741, at 325 n.12 (rev. vol. 1969).
alienative fact
A fact that divests a person of a right by transferring it to another.
alternative constituency
see nonshareholder constituency.
alternative contract
A contract in which the performing party may elect to perform one of two or more specified acts to satisfy the obligation; a contract that provides more than one way for a party to complete performance, usu. permitting that party to choose the manner of performance. - Also termed alternative-methods-of-performance contract.sumer, who has little choice about the terms. - Also termed contract of adhesion; adhesory contract; adhesionary contract; takeit-or-leave-it contract; leonine contract. "Some sets of trade and professional forms are extremely one-sided, grossly favoring one interest group against others, and are commonly referred to as contracts of adhesion. From weakness in bargaining position, ignorance, or indifference, unfavored parties are willing to enter transactions controlled by these lopsided legal documents." Quintin Johnstone & Dan Hopson, Jr., Lawyers and Their Work 329-30 (1967).
alternative dispute resolution
a procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or minitrial. - abbr. adr.
alternative judgment
A determination that gives the losing party options for satisfying that party's duties.
alternative liability
Liability arising from the tortious acts of two or more parties -when the plaintiff proves that one of the defendants has caused harm but cannot prove which one caused it - resulting in a shifting of the burden of proof to each defendant. Restatement (Second) of Torts § 433B(3) (1965).
alternative mandamus
A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
alternative minimum tax
A flat tax potentially imposed on corporations and higherincome individuals to ensure that those taxpayers do not avoid all income-tax liability by using exclusions, deductions, and credits. -Abbr. AMT. - Also termed minimum tax.
alternative obligation
An obligation that can be satisfied in two different ways, at the choice of the obligor.
alternative order
see order (4).
alternative pleading
A form of pleading whereby the pleader alleges two or more independent claims or defenses that are not necessarily consistent with each other, such as alleging both intentional infliction of emotional distress and negligent infliction of emotional distress based on the same conduct. Fed. R. Civ. P. 8(e)(2). Cf. DUPLICITY (2); double plea under PLEA (3).
alternative promise
A contractual promise to do one of two or more things, any one of which must satisfy the promisee for the promise to qualify as consideration. "A promise in the alternative may be made because each of the alternative performances is the object of desire to the promisee. Or the promisee may desire one performance only, but the promisor may reserve an alternative which he may deem advantageous. In either type of case the promise is consideration if it cannot be kept without some action or forbearance which would be consideration if it alone were bargained for. But if the promisor has an unfettered choice of alternatives, and one alternative would not have been consideration if separately bargained for, the promise in the alternative is not consideration." Restatement (Second) of Contracts § 77 curt. b (1981).
alternative relief
see relief.
alternative relief.
Judicial relief that is mutually exclusive with another form of judicial relief. ( In pleading, a party may request alternative relief, as by asking for both specific performance and damages. Fed. R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES.
alternative remainder
see remainder.
alternative writ
A common-law writ commanding the person against whom it is issued either to do a specific thing or to show cause why the court should not order it to be done.
alternative-means doctrine
criminal law. the principle that, when a crime may be committed in more than one way, jury unanimity is required on the defendant's guilt, but is not required on the possible different methods of committing the crime, as long as each possible method is supported by substantial evidence.
alternative-methods-of-performance contract
see alternative contract under contract.
determinative judgment
See final judgment.
donative
adj. 1. Of, relating to, or characterized by a donation < a donative transfer>. 2. Subject to a donation <an advowson donative>.
donative advowson.
See ADVOWSON.
donative trust
A trust requiring no payment of consideration by a beneficiary.
native-born
adj. Born in the nation specified <a native-born Canadian>.( This term is sometimes considered redundant. See NATIVE.
outcome-determinative test. Civil procedure.
A test used to determine whether an issue is substantive for purposes of the Erie doctrine by examining the issue's potential effect on the outcome of the litigation. See ERIE DOCTRINE.