Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Armed peace
See peace
Articles of the peace
english law. A sworn complaint in which a person alleges that a named person poses a threat to the complainant's person, family, or property.
Clerk of the Peace
Hist. An officer of the Quarter Sessions responsible for maintaining the courts' records, preparing indictments, entering judgments, issuing process, and other clerical and administrative functions. ( The office was abolished in England in 1971, when the Quarter Sessions' jurisdiction was transferred to the Crown Courts. See QUARTER SESSIONS.
Court of General Quarter Sessions of the Peace
Hist. 1. English law. A court of criminal jurisdiction held in each county (or borough) once in every quarter of a year. * The court was made up of a county's justices of the peace. It committed certain cases to the Assizes. Quarter Sessions were abolished in 1971, with most jurisdiction transferred to the Crown Court. - Often shortened to Quarter Sessions; Sessions. "The court of general quarter sessions of the peace is a court that must be held in every county, once in every quarter of a year .... It is held before two or more justices of the peace, one of which must be of the quorum. The jurisdiction of this court, by statute 34 Edw. III. c. I. extends to the trying and determining all felonies and trespasses whatsoever, though they seldom, if ever, try any greater offence than small felonies within the benefit of clergy ...." 4 William Blackstone, Commentaries on the Laws of England 268 (1769) 2. A court held in some states four times a year with jurisdiction over misdemeanors and occasionally tasks of an administrative nature, such as the care of public roads and bridges. -Often shortened to Quarter Session Court. -Also termed Court of Quarter Sessions of the Peace.
Court of Quarter Sessions of the Peace
See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.
King's peace
Hist. A royal subject's right to be free from crime (to "have peace") in certain areas subject to the king's immediate control, such as the king's palace or highway. e A breach of the peace in one of these areas subjected the offender to punishment in the king's court. Over time, the area subject to the king's peace grew, which in turn increased the jurisdiction of the royal courts. - Also written King's Peace. Cf. AGAINST THE PEACE AND DIGNITY OF THE STATE. "A breach of the King's Peace was at one time the most comprehensive of all offences against the Crown; it indeed included, and still includes, all the more serious crimes. At one time, in fact, every indictment charged the accused with an offence 'against the peace of our Sovereign Lord the King'; and, though this form is no longer employed, that is mainly because the imperative duty of not disturbing the King's Peace has by now evolved into an elaborate system of Criminal Law." Edward Jenks, The Book of English Law 134 (P.B. Fairest ed., 6th ed. 1967).
Peace
n. A state of public tranquility; freedom from civil disturbance or hostility <breach of the peace>. -
Peace of God and the church
Hist. The cessation of litigation between terms and on Sundays and holidays.
Peaceable
adj. - peaceful, adj.
Peacetime
A period in which a country has declared neither a war nor a national emergency, even if the country is involved in a conflict or quasi-conflict.
against the peace and dignity of the state
a concluding phrase in an indictment, used i o condemn the offending conduct generally opposed to the specific charge of wrongdor r contained in the body of the instrument). this phrase derives from the law latin con/!: pacem domini regis ("against the peace of vie lord thi, kitrr;" , a charoni , phrase fortrrerlv used in indictments and in civil actions of trespass. see king's peace.
armed peace
A situation in which two or more nations, while at peace, are actually armed for possible or probable hostilities.
bill of peace.
An equitable bill filed by one who is threatened with multiple suits involving the same right, or with recurrent suits on the same right, asking the court to determine the question once and for all, and to enjoin the plaintiffs from proceeding with the threatened litigation. 0 One situation involves many persons having a common claim but threatening to bring separate suits; another involves one person bringing a second action on the same claim. "By a bill of peace we are to understand a bill brought by a person to establish and perpetuate a right which he claims, and which, from its nature, may be controverted by different persons, at different times, and bY different actions; or, where separate attempts have already been unsuccessfully made to overthrow the same right, and justice requires that the party should be quieted in the right, if it is already sufficiently established; or if it should be sufficiently established under the direction of the court. The obvious design of such a bill is to procure repose from perpetual litigation, and therefore, it is justly called a bill of peace." Joseph Story, Commentaries on Equity Jurisprudence ยง 853, at 567 (W.E. Grigsby ed., 1st English ed. 1884).
breach of peace
See BREACH OF THE PEACE, breach of prison. See PRISON BREAKING
breach of the peace
The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by an unnecessary or distracting noise. - Also termed breach of peace; disturbing the peace; disturbance of the peace. See DISORDERLY CONDUCT. "A breach of the peace takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough: thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a magistrate or police officer to preserve the peace unbroken; hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest." R.F.V. Heuston, Salmond on the Law of Torts 131 (17th ed. 1977). "The beginning of our criminal justice was concerned very largely with the problem of keeping the peace. Because of this fact all early indictments included some such phrase as 'against the peace of the King'; and until recently statutory provisions for simplification, in dictments in this country were thought to be incomplete without some such conclusion as 'against the peace and dignity of the state.' As a result of this history all indictable offenses are sometimes regarded as deeds which violate the public peace, and hence in a loose sense the term 'breach of the peace' is regarded as a synonym for crime." Rollin 10 I. Perkins & Ronald N. Boyce, Criminal Law 477 (3d ed. 1982).
commission of the peace
Hist. An appointment of a person to keep the peace (i.e., provide police protection) on a local level. ( Over time the recipients of these commissions began to acquire judicial responsibilities, and became known as justices of the peace.
conservator of the peace.
See peace officer.
crime against peace
Int'l law. An international crime in which the offenders plan, prepare, initiate, or wage a war of aggression or a war in violation of international peace treaties, agreements, or assurances.
disturbance of the peace
See BREACH OF THE PEACE.
disturbing the peace
See BREACH of TILE PEACE.
final peace
See final concord under CONCORD.
justice of the peace
A local judicial officer having jurisdiction over minor criminal offenses and minor civil disputes, and authority to perform routine civil functions (such as administering oaths and performing marriage ceremonies). -Abbr. J.P. Cf. MAGISTRATE.
justice-of-the-peace court
See justice court under COURT.
offense against the public peace
A crime that tends to disturb the peace. ( The common-law offenses of this type were riot, unlawful assembly, dueling, rout, affray, forcible
officer of the peace.
See PEACE OFFICER.
peace bond
See BOND (2)
peace bond.
A bond required by a court from a person who has breached or threatened to breach the peace. See BREACH OF THE PEACE.
peace officer
A civil officer (such as a sheriff or police officer) appointed to maintain public tranquility and order. ( This term may also include a judge who hears criminal cases or another public official (such as a mayor) who may be statutorily designated as a peace officer for limited purposes. - Also termed officer of the peace; conservator of the peace.
peace treaty
A treaty signed by heads of state to end a war. - Also termed treaty of peace.
peace warrant
A warrant issued by a justice of the peace for the arrest of a specified person. - Also termed justice's warrant.
peace, justice of
See JUSTICE OF THE PEACE.
peaceable possession
Possession (as of real property) not disturbed by another's hostile or legal attempts to recover possession. Cf. ADVERSE POSSESSION.
surety of the peace
Hist. A surety responsible for ensuring that a person will not commit a future offense. ( It is required of one against whom there are probable grounds to suspect future misbehavior. See SUPPLICAVIT.
swearing the peace
Hist. The giving of proof to a magistrate that one fears for one's own safety, so that the magistrate will order the troublemaker to keep the peace by issuing a supplicavit. See SUPPLICAVIT.
treaty of peace
See peace treaty under TREATY.