Legal Dictionary of Pakistan

Accessorium non ducit, sed sequitur, suum principale

An accessory does not lead, but follows, its principal.

Accessorius sequitur naturam sui principalis

An accessory follows the nature of his principal.

Act of Supremacy.

Hist. A statute that named the English sovereign as supreme head of the Church of England (26 Hen. 8, ch. 1). 0 The Act was passed in 1534 during Henry VIII's reign and confirmed in 1559 (1 Eliz., ch. 1) to counteract pro-Catholic legislation enacted during the reign of Mary Tudor.

Acta in uno judicio non probant in alio nisi inter easdem personas

Things done in one action cannot be taken as evidence in another, unless it is between the same parties.

Actore non probante, reus absolvitur

If the plaintiff does not prove his case, the defendant is acquitted.

Actori incumbit onus probandi

The burden of proof rests upon the plaintiff.

Actus judiciarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto

A judicial act before one not a judge (or without jurisdiction) is void; as to a ministerial act, from whomsoever it proceeds, let it be valid.

Actus repugnans non potest in esse produci

A repugnant act cannot be brought into being (that is, cannot be made effectual).

Ad proximum antecedens fiat relatio, nisi impediatur sentential

A relative is to be referred to the nearest antecedent, unless prevented by the sense.

Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet

In order rightly to comprehend a thing, it is necessary first to inquire into the names, for a right knowledge of things depends upon their names.

Additio probat minoritatem

An addition proves inferiority. ( That is, if it be said that a person has a fee tail, it is less than if the person has the fee.

Administrative Procedure Act.

A federal statute establishing practices and procedures to be followed in rulemaking and adjudication. 0 The Act was designed to give citizens basic dueprocess protections such as the right to present evidence and to be heard by an independent hearing officer. 2. A similar state statute.

Adversus extraneos vitiosa possessio prodesse solet

Possession though faulty is usually sufficient against outsiders. ( Prior possession is a good title of ownership against all who cannot show a better.

Aedilcare in tuo proprio solo non licet quod alteri noceat

It is not lawful to build upon one's own land what may be injurious to another.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The assessment of a past offense never increases from a subsequent fact.

Affirmanti, non neganti, incumbit probation

The proof is incumbent upon the one who affirms, not on the one who denies.

Affirmantis est probare

The person who affirms must prove.

Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita esl potest fieri; et quilibet potest renunciare juri pro se introducto

Even if alienation is prohibited, it may yet take place by the consent of all in whose favor it is prohibited; it is in the power of anyone to renounce a right introduced for his own benefit.

Alienatio rei praefertur juri accrescendi

Alienation of property is favored over the right to accumulate.

Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars

A person ought not to be judge in his own cause, because lie cannot act both as judge and party.

Alterius circumventio alii non praebet actionem.

A deception practiced upon one person does not give a cause of action to another.

Ambigua responsio contra proferentem est accipienda

An ambiguous answer is to be taken against the party who offers it.

Ambiguis casibus semper praesumitur pro rege

In doubtful cases the presumption is always in favor of the king.

Ambiguum placitum interpretari debet contra proferentem.

An ambiguous plea ought to be interpreted against the party pleading it.

Ambulatoria est voluntas defuncti usque ad vitae supremum exitum.

The will of a decedent is ambulatory (that is, can be altered) until the last moment of life.

Annus inceptus pro completo habetur.

A year begun is held as completed. & Said to be of very limited application.

Arrest on final process

hist. Arrest in a civil case after the conclusion of a trial. -also termed arrest in execution.

Arrest on mesne process

see arrest

Arrest on mesne process (meen).

hist. Arrest in a civil case before trial takes place .citizen's arrest. An arrest of a private person by another private person on grounds that (1) a public offense was committed in the arrester's presence, or (2) the arrester has reasonable cause to believe that the arrestee has committed a felony.

Articles of apprenticeship

hist. A contract under which a minor agrees to work for a master for a specified time in exchange for learning a trade.

Artificial presumption.

See presumption of law under presumption

Asked price

See price.

Asking price

see price.

Asset-depreciation range

the irs's range of depreciation lifetimes allowed for assets placed in service between 1970 and 1980 and for assets depreciated under the modified accelerated cost recovery system under the tax reform act of 1986. - abbr. Adr. See accelerated cost recovery system

Assignment pro tanto

see assignment (2).

Assisa proroganda

see de assisa proroganda.

Assisa ultimae praesentationis

mee pree-zan-tay-shee-oh-nis or prez-an-), n.[law latin] see assize o f darrein presentment under assize (7).

Assize of darrein presentment

n. [fr. French dernier pr6sentation "last presentment"] hist. A writ of assize allowing a person with a right of advowson that has been disturbed by another claimant to have a jury determine who had the last right to present a clerk to a benefice and then to allow that person to present again and to recover damages for interference. ( this was abolished by the real property limitation act of 1833 and was replaced by the quare impedit action. - also termed darreign presentment; assize of last presentation; assisa ultimae praesentationis; assize de ultima presentatione. - also spelled darreign. See advowson; quare impedit.

Association-in-fact enterprise

under rico, a group of people or entities that have not formed a legal entity, but that have a common or shared purpose, and maintain an ongoing organizational structure through which the associates function as a continuing unit. 0 a rico violation is not shown merely by proving that an enterprise, including an association-infact, exists. A pattern of racketeering activity must also be proved. 18 usca § 1961(4); united states v. Turkette, 452 u.s. 576, 101 s.ct. 2524 (1981).

Assultus premeditatus

see assault purpense under assault.

At-the-market price.

see price,

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Attorney malpractice.

see legal malpractice under malpractice.

Attorney work product.

see work product

Attorney-client privilege.

see privilege (s)

Authoritative precedent

see binding prece dent under precedent.

Autoptic proference

the presentation of an item for inspection by the court. See demonstrative evidence under evidence.

Backspread.

securities. In arbitrage, a less than normal price difference in the price of a currency or commodity. See arbitrage; spread (3).

Bad-boy provision

securities. A statutory or regulatory clause in a blue-sky law stating that certain persons, because of their past conduct, are not entitled to any type of exemption from registering their securities. ( such clauses typically prohibit issuers, officers, directors, control persons, or broker-dealers from being involved in a limited offering if they have been the subject of an adverse proceeding concerning securities, commodities, or postal fraud.

Bailable process

see process (2).