Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Abbreaiatio Placitorum
[Law Latin "summary of the pleas"] Hist. An abstract of pleadings culled from the rolls of the Curia Regis, Parliament, and common-law courts from the 12th to 14th centuries, compiled in the 17th century, printed in 1811, attributed to Arthur Agarde, Deputy Chamberlain of the Exchequer, and other keepers of the records. Cf. YEAR BOOKS.
Accomplice
A person who is i n any way concerned with another in the commission of a crime, whether as a principal i n the first or second degree or as an accessory. e Although the definition includes an accessory before the fact, not all authorities include an accessory after the fact. 'I'liere is some authority for using the word 'accomplice to include all principals and all accessories, but the preferred usage is to include all principals and accesso rie•< before the f.ict. but to exclude accessories after the fact. Ii thi, hinitation is adopted, the word 'accomplice' will embrace all perpetrators, abettors and inciters" Rollin M. Perkins & Ronald N. Boyce, Criminal Law 727 (3d ed. 1982)."A person is an accomplice' of another in i ommitting a crime if, with the intent to proinote or facilitate the commission of the crime, lie solicits, requests, or commands the other person to commit it, or aids the other person in planning or committing it." 1 Charles E
Ad offxcium justiciariorum spectat unicuique coram eis placitanti justitiam exhibere
It is the duty of justices to administer justice to everyone pleading before them.
Agentes et consentientes pari poena plectentur
Acting and consenting parties will be liable to the same punishment.
Ambiguitas verborum latens verifacatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur
A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence.
Ambiguum placitum interpretari debet contra proferentem.
An ambiguous plea ought to be interpreted against the party pleading it.
Anniculus trecentesimo sexagesimo-quinto die dicitur, incipiente plane non exacto die, quia annum civiliter non ad momenta temporum sed ad dies numeramur
We call a child a year old on the 365th day, when the day is clearly begun but not ended, because we calculate the civil year not by moments, but by days.
Annus est mora motus quo suum planeta pervolvat circulum.
A year is the duration of the motion by which a planet revolves through its orbit.
Annus inceptus pro completo habetur.
A year begun is held as completed. & Said to be of very limited application.
Applicatio est vita regulae.
The application is the life of a rule.
Argumentum ab impossibili plurimum valet in lege
An argument deduced from an impossibility has the greatest validity in law.
Argumentum ab inconvenienti plurimum valet in lege
An argument drawn from what is unsuitable (or improper) has the greatest validity in law. Co. Litt. 66a.
Artful pleading.
see pleading (2),
Articulated pleading
see pleading (1).
As-applied challenge
see challenge (1).
At-will employment.
see employment at will under employment. At-will tenancy. See tenancy at will under ten. Ancy.
Authority coupled with an interest
authority given to an agent for valuable consideration. ( this authority cannot be unilaterally terminated by the principal.
Baby act, pleading the. Slang
asserting a person's infancy as a defense to a contract claim made by a minor.
Bankruptcy plan
a detailed program of action formulated by a debtor or its creditors to govern the debtor's rehabilitation, continued operation or liquidation, and payment of debts. 0 the bankruptcy court and creditors must approve the plan before it is implemented. -often shortened to plan. - also termed plan of reorganization (for chapter 11); plan of rehabilitation (for chapter 13). See arrangement with creditors.
Beaupleader
[law french "fair pleading"] hist. 1. A fine imposed for bad or unfair pleading. 2. A writ of prohibition that prevented a sheriff from taking a fine for bad pleading. ( the statute of marlbridge (1267) prohibited the taking of fines for this type of pleading. See writ of prohibition.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
Bis idem exigi bona fides non patitur, et in satisfactionibus non permittitur amplius fieri quam semel factum est
Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.
Boni judicis est ampliare jurisdictionem
(or justitiam). It is the role of a good judge to enlarge (or use liberally) his jurisdiction (or remedial authority).
Boni judicis est ampliare justitiam
It is the role of a good judge to enlarge or extend justice.
C.I.F. place of destination
See C.LF destination under COST, INSURANCE, AND FREIGHT.
Carcer non supplicii causa sed custodiae constitutus
A prison is established not for the sake of punishment, but for detention under guard.
Chief Justice of the Common Pleas
Hist. Formerly, the presiding judge in the Court of Common Pleas. 0 The Judicature Act of 1875 merged the Common Pleas Division into the Queen's Bench Division, at which time the Lord Chief Justice assumed the office of the Chief Justice of the Common Pleas. Cf. LORD CHIEF JUSTICE OF ENGLAND.
Claflin-trust principle
The doctrine that a trust cannot be terminated by the beneficiaries if the termination would defeat one of the settlor's material purposes in establishing the trust. ( If the settlor is alive and consent however, the trust may be terminated. Trustx in the "Claflin" category are spendthrift trusts. support trusts, trusts in which the trustee hay discretion to make distributions, and trusts i n which the beneficiary is entitled to income a until a certain age and the principal at that age
Clausula generalis de residuo non ea complectitur quae non ejusdem sint generis cum its quae speciatim dicta fuerant
A general clause of remainder does not embrace those things that are not of the same kind as those that had been specially mentioned.
Collegium est societas plurium corporum simul habitantium
A college is a society of several people dwelling together.
Common Pleas
Court of. See COURT OF COMMON PLEAS.
Complaint
1. The initial pleading that starts a civil action and states the basis for the court's jurisdiction, the basis for the plaintiffs claim, and the demand for relief. 0 In some states, this pleading is called a petition. 2. Criminal law. A formal charge accusing a person of an offense. Cf. INDICTMENT; INFORMATION.
Compliance audit
an audit conducted by a regulatory agency, an organization, or a third party to assess compliance with one or more sets of laws and regulations.
Conditio praecedens adimpleri debet prius quam sequatur ejfectus
A condition precedent ought to be fulfilled before the effect can follow.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit
Confirmation supplies all defects, even if that which has been done was not valid at the beginning.
Consensus est voluntas plurium ad quos res pertinet, simul juncta
Consent is the conjoint will of several people to whom the thing belongs.
Consentientes et agentes pari poena plectentur
Those consenting and those perpetrating will receive the same punishment.
Consuetudo semel reprobata non potest amplius induci
A custom once disallowed cannot again be introduced.
Contraplacitum
[Latin! Hist. A counterplea.
Court of Common Pleas
1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). ( The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it merged into the Queen's Bench Division. 2. An intermediatelevel court in some states, such as Arkansas. 3. A trial court of general jurisdiction in some states, such as Ohio, Pennsylvania, and South Carolina. - Also termed Court of Common Bench. - Abbr. C.P. "Common pleas is the kings Court now held in W estminster hall, but in auncient time moveable, as appeareth by the statute called Magna charta .... [U]ntill the time that Henry the third granted the great charter, there were but two courts in all, called the Kings courts: whereof one was the Exchequer, and the other, the kings bench, which was then called (curia Domini regis) and (aula regis) because it followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and setled in one place certaine: viz. at Westminster .... All civill causes both reall and personall are, or were in former times, tryed in this court, according to the strict laws of the realms: and by Fortescue, cap. 50 it seemeth to have bene the onely court for reall causes." John Cowell, The Interpreter (1607).
Court of Pleas
Hist. A court of the county palatine of Durham, having a local common-law jurisdiction. ( It was abolished in 1873, and its jurisdiction was transferred to the High Court. Also termed Court of Pleas of Dur ham.
Cui jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest
To whom jurisdiction is given, those things also are considered to be granted without which the jurisdiction cannot be exercised. ( That is, the grant of jurisdiction implies the grant of all powers necessary to its exercise.
Depletion
n. An emptying, exhausting, or wasting of an asset, esp. of a finite natural resource such as oil. - deplete, ub. - depletive, adj.
Dies inceptus pro completo habetur
A day begun is held as complete.
Diploma
1. Roman law. A letter giving permission to use the imperial post. 2. Hist. A royal charter; letters patent. 3. A document that evidences or memorializes graduation from a school or society. Cf. DEGREE (s). 4. A document that evidences a license or privilege to practice a profession, such as medicine.
Diplomacy
n. Int'l law. 1. The art and practice of conducting negotiations between national governments.
Diplomatic Security Service
A bureau of the U.S. Department of State having responsibility for protecting the Secretary of State and domestic and foreign dignitaries, as well as for investigating criminal activities such as identity-document fraud involving U.S. passports and visas. 0 The Service now employs some 800 special agents (members of the U.S. Foreign Service), who are located throughout the United States and in scores of embassies worldwide.
Diplomatics
The science of deciphering and authenticating ancient writings. 0 The principles were largely developed by the Benedictine Dom Mabillon in his 1681 work entitled De re diplomatica. - Also termed diplomatic (n.). "Diplomatics, the science derived from the study of ancient diplomas, so called from being written on two leaves, or on double tablets. The Romans used the term more specially for the letters of license to use the public conveyances provided at the differ"Diplomatics, the science derived from the study of ancient diplomas, so called from being written on two leaves, or on double tablets. The Romans used the term more specially for the letters of license to use the public conveyances provided at the differ
Discipline
n. 1. Punishment intended to correct or instruct; esp., a sanction or penalty imposed after an official finding of misconduct. 2. Control gained by enforcing compliance or order. 3. Military law. A state of mind inducing instant obedience to a lawful order, no matter how unpleasant or dangerous such compliance might be. - discipline, ub. - disciplinary, adj.
Displacement
1. Removal from a proper place or position <displacement of a file> <displacement of an officer>. 2. A replacement; a substitution <displacement of the lawyer with another. 3. A forced removal of a person from the person's home or country, esp. because of war <displacement of refugees>. 4. A shifting of emotional emphasis from one thing to another, esp. to avoid unpleasant or unacceptable thoughts or tendencies <emotional displacement > .