Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Absentem accipere debemus eum qui non est eo loco in quo petitur
We must consider a person absent who is not in that place in which he is sought.
Alternativa petitio non est audienda.
An alternative petition is not to be heard.
Codex Repetitae Praelectionis
[Latin "code of the resumed reading"] Roman law. A revised version of the Justinian Code, published in A.D. 534. ( This code is divided into 12 books, and deals with ecclesiastical law, criminal law, administrative law, and private law. - Also termed Codex lustinianus Repetitae Praelectionis. See JUSTINIAN CODE.
Competition
The effort or action of two or more commercial interests to obtain the same business from third parties.
Cujus per errorem dati repetitio est, ejus consulto dati donatio est
A thing given by mistake can be recovered; if given purposely, it is a gift. Dig. 50.17.53.
Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa
Where two parties are equally at fault, the claimant always is at the disadvantage, and the party in possession has the better cause.
Debitorum pactionibus creditorum petitio nec tolli nee minui potest
The creditors' suit can be neither quashed nor diminished by the contracts of their debtors.
Dolo facit qui petit quod redditurus est
A person acts with deceit who seeks what he will have to return.
Exceptio ejus rei cujus petitur dissolutio nulla est
There is no exception based on the very matter for which a solution is heirs, sough! .
Lex aequitate gaudet; appetit perfectum; est norma recti
The law delights in equity: it covets perfection; it is a rule of right.
Natura appetit perfectum, ita et lex
Nature aspires to perfection, and so does the law.
Non debet adduci exceptio ejus rei cujus petitur dissolutio
An exception (or plea) should not be made upon the very matter of which a determination is sought (in the case at hand).
Non potest adduci exceptio ejusdem rei cujus petitur dissolutio
An exception cannot be brought upon the same matter whose determination is at issue (in the action at hand).
Non valet exceptio ejusdem rei cujus petitur dissolutio
An exception based on the very matter of which the determination is sought is not valid.
Petit
adj. [Law French "mi. nor, small"] See PETTY. petit cape. See cape parvum under CAPE, petite assize. See ASSIZE (5)
Petite assize
a jury convened to decide questions of possession. 6. A jury trial.
Petite policy
The Department of Justice rule forbidding a federal prosecution after a previous state or federal prosecution based on the same acts unless (1) the prosecution has been approved by the Assistant Attorney General, (2) there is a substantial federal interest supporting the prosecution, (3) the previous prosecution failed to vindicate the federal interest, and (4) there is sufficient evidence to sustain a conviction. Petite v. United States, 361 U.S. 529, 80 S.Ct. 450 (1960). "('Petite Policy') .... The purpose of this policy is to vindicate substantial federal interests through appropriate federal prosecutions, to protect persons charged with criminal conduct from the burdens associated with multiple prosecutions and punishments for substantially the same act(s) or transaction(s), to promote efficient utilization of Department resources, and to promote coordination and cooperation between federal and state prosecutors." United States Attorneys' Manual ยง 9-2.031 (Sept. 1997). "In response to the Court's continuing sensitivity to the fairness implications of the multiple prosecution power, the Justice Department adopted the policy of refusing to bring a federal prosecution following a state prosecution except when necessary to advance compelling interests of federal law enforcement. The Petite policy was designed to limit the exercise of the power to bring successive prosecutions for the same offense to situations comporting with the rationale for the existence of that power. Although not constitutionally mandated, this Executive policy serves to protect interests which, but for the 'dual sovereignty' principle inherent in our federal system, would be embraced by the Double Jeopardy Clause. In light of the parallel purposes of the Government's Petite policy and the fundamental constitutional guarantee against double jeopardy, the federal courts should be receptive, not circumspect, when the Government seeks leave to implement that policy." Rinaldi v. United States, 434 U.S. 22, 28-29, 98 S.Ct. 81, 85 (1977) (citation omitted).
Petitio
n. [Latin] 1. Civil law. A plaintiff's suit, esp. in an action in rem. 2. Hist. A petition or demand; esp., a count in a real action.
Petition
n. 1. A formal written request presented to a court or other official body. involuntary petition A petition filed in a bankruptcy court by a creditor seeking to declare a debtor bankrupt. ( This type of petition may be filed only under Chapter 7 or Chapter 11 of the Bankruptcy Code.
Petitioner
A party who presents a petition to a court or other official body, esp. when seeking relief on appeal. Cf. RESPONDENT (2).
Petitor
n. [Latin] Roman law. A plaintiff in a civil action.
Petitorium
See petitory action under ACTION.
Prepetition
adj. Occurring before the filing of a petition (esp. in bankruptcy) <prepetition debts>.
Repetition
Civil law. A demand or action for restitution or repayment. See SOLUTIO INDEBITI.
absque impetitione vasti
[Law Latin] Hist. See WITHOUT IMPEACHMENT OF WASTE.
act of petition.
Hist. A summary proceeding in which litigants provide brief statements supported by affidavit. 0 This procedure was used in the English High Court of Admiralty.
anticompetitive conduct
antitrust. an act that harms or seeks to harm the market or the process of competition among businesses, and that has no legitimate business purpose. antideficiency legislation see legislation.
competitive advertising
advertising that contains little information about the advertised product, and that is used only to help a producer maintain a share of the market for that product.
competitive bid
See BID (2).competitive civil-service examination A test designed to evaluate a person's qualifications for a civil-service position. ( This type of examination may be open to all those seeking civil-service employment, or it may be restricted to those civil servants seeking a promotion. See CIVIL SERVICE.
competitive bid.
A bid submitted in response to public notice of an intended sale or purchase.
designating petition
A document used to designate a candidate for a party nomination at a primary election or for election to a party position.
election petition
English law. A petition for inquiry into the validity of a Parliament member's election, when the member's return is allegedly invalid for bribery or other reason.
et hoc petit quod inquiratur per patriam
[Latin "and this he prays may be inquired of by the country"] Archaic. The conclusion of a plaintiff's pleading that tendered an issue to the country. See CONCLUSION TO THE COUNTRY.
et inde petit judicium
[Latin "and thereupon he prays judgment"] Archaic. A clause found at the end of a pleading, requesting judgment in that party's favor.
fair competition
Open, equitable, and just competition between business competitors.
fiat ut petitur
[Latin] Let it be done as it is asked. 0 An order granting a petition.
freedom of petition
See RIGHT TO PETITION.
horizontal competition
Competition between a seller and its competitors. a The Sherman Act prohibits unreasonable restraints on horizontal competition, such as price-fixing agreements between competitors. - Also termed primary-line competition.
involuntary petition
See PETITION,
juvenile petition
A petition filed in a juvenile court, alleging delinquent conduct by the accused. ( The accusations made in a juvenile petition are tried in an adjudicatory hearing. See adjudicatory hearing under HEARING.
meeting-competition defense
Antitrust. A defense to a charge of price discrimination whereby the defendant shows that the lower price was a good-faith attempt to match what it believed to be a competitor's equally low offer.
noncompetition covenant
A contractual provision - typically found in employment, partnership, or sale-of-business agreements - in which one party agrees to refrain from conducting business similar to that of the other party. ( Courts generally enforce these clauses for the duration of the original business relationship, but clauses extending beyond termination must usu. be reasonable in scope, time, and territory. - Also termed noncompete covenant; covenant not to compete; restrictive covenant; promise not to compete; contract not to compete.
perfect competition
A completely efficient market situation characterized by numerous buyers and sellers, a homogeneous product, perfect information for all parties, and complete freedom to move in and out of the market. ( Perfect competition rarely if ever exists, but antitrust scholars often use the theory as a standard for measuring market performance.
petit juror
A trial juror, as opposed to a grand juror.
petit jury
See JURY.
petit larceny
Larceny of property worth less than a statutory cutoff amount, usu. $100. -Also spelled petty larceny. Cf. grand larceny.
petit serjeanty
See SERJEANTY.
petition de droit
See PETITION OF RIGHT.
petition in bankruptcy
A formal written request, presented to a bankruptcy court, seeking protection for an insolvent debtor. ( The debtor (in a voluntary bankruptcy) or the debtor's creditors (in an involuntary bankruptcy) can file such a petition to initiate a bankruptcy proceeding.
petition of right
1 (cap.) One of the four great charters of English liberty (3 Car. (1628)), establishing that "no man be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament." ( The other three great charters are Magna Carta, the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 W. & M. (1689)). 2. Hist. A proceeding in chancery by which a subject claims that a debt is owed by the Crown or that the Crown has broken a contract or wrongfully detained the subject's property. ( Although the petition is addressed directly to the Crown, the courts adjudicate the claim just as in an action between private parties. - Also termed petition de droit.