Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit
A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission.
Aestimatio praeteriti delicti ex postremo facto nunquam crescit
The assessment of a past offense never increases from a subsequent fact.
Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur
A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards. ( A useless clause or disposition is one that expresses no more than the law by intendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might be material, or by a cause arising afterwards that may induce an operation of those idle words.
Constitutiones tempore posteriores potiores sunt his quse ipsas praecesserunt
Later laws prevail over those that preceded them.
Conventionalism makes two postinterpretiN, claims.
The first is positive: that judges must respect t' e established legal conventions of their community excel in rare circumstances. It insists, in other words, tlw they must treat as law what convention stipulates c law. Since convention in Britain establishes that acts Parliament are law, a British judge must enforce eve: acts of Parliament he considers unfair or unwise. The positive part of conventionalism most plainly corn sponds to the popular slogan that judges should follo, the law and not make new law in its place. The secon, claim, which is at least equally important, is negative. declares that there is no law - no right flowing frou, past political decisions - apart from the law drawn fro those decisions by techniques that are the
Da tua dum tua sunt, post mortem tunc tua non sunt
Give the things which are yours while they are yours; after death they are not. yours.
Ex Post Facto Clause
One of two clauses in the U.S. Constitution forbidding the enactment of ex post facto laws. U.S. Const. art. I, § 9; art. I, § 10.
Impost
A tax or duty, esp. a customs duty <the impost was assessed when the ship reached the mainland>. See DUTY (4).
Judicia posteriora sunt in lege fortiori
The later decisions are stronger in law.
Judiciis posterioribus fides est adhibenda
Trust should be put in the later decisions.
Leges posteriores priores contrarias abrogant
Subsequent laws repeal prior conflicting ones.
Lex posterior derogat priori
A later statute repeals an earlier one.
Melius est in tempore occurrere quam post causam vulneratum remedium quaerere
It is better to oppose in time than to seek a remedy after a wrong has been inflicted.( Coke introduces this maxim with the phrase ne per negligentiam damnum incurrat: "lest he incur damage through negligence." 2 Co. Inst. 299.
Nemo praesumitur alienam posteritatem suae praetulisse
No one is presumed to have preferred another's posterity to his own.
Non erit alia lex Romae, alia Athaenis; alia nunc, alia posthac; sed et omnes gentes, et omni tempore, una lex, et sempiterna, et immortalis continebit
There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time.
Non est justum aliquem antenatum post mortem facere bastardum qui toto tempore vitae suae pro legitimo habebatur
It is not just to make an elderborn a bastard after his death, who during his lifetime was accounted legitimate.
Non est novum ut priores leges ad posteriores trahantur
It is not an innovation to adapt earlier laws to later ones. Dig. 1.3.26.
Nullus dicitur accessorius post feloniam sed ille qui novit principalem feloniam fecisse, et illum receptavit et comfortavit
No one is called an accessory after the fact but that person who knew the principal to have committed a felony, and received and comforted him.
Nunquam crescit ex post facto praeteriti delicti aestimatio
The valuation (or assessment of damage) for a past offense is never increased by what happens subsequently. Dig. 50.17.138.1.
Post
[Latin] After. Cf. ANTE.
Post audit
an audit of funds spent on a completed capital project, the purpose being to assess the efficiency with which the funds were spent and to compare expected cash flow estimates with actual cash flows.
Postdate
Ub. To put a date on (an instrument, such as a check) that is later than the actual date. Cf ANTEDATE; BACKDATE.
Postea
n. [Latin "afterwards"] Hist. A formal statement, endorsed on a nisi prius record, giving an account of the proceedings at the trial of the action. "With the verdict of the jury [in the 15th-18th centuries] ... the proceedings at nisi prius closed, and the case was sent back to the court at Westminster from which it issued for judgment, after a statement of the holding of the trial and of the verdict had been added to the record. This statement, from the fact that it began with the Latin word 'postea,' or 'afterwards,' was known as the 'postea' and was in fact drafted by the party in whose favour the verdict had gone, whence the phrase 'postea to the plaintiff or 'the defendant,' which is found in the old reports." Geoffrey Radcliffe & Geoffrey Cross, The English Legal System 185 (G.J. Hand & D.J. Bentley eds., 6th ed. 1977).
Posteriora derogant prioribus
Later things restrict (or detract from) earlier ones.
Posteriority
The condition or state of being subsequent. ( This word was formerly used to describe the relationships existing between a tenant and the two or more lords the tenant held of; the tenant held the older tenancy "by priority" and the more recent one "by posteriority."
Posterity
n. 1. Future generations collectively. 2. All the descendants of a person to the furthest generation.
Postglossators
(often cap.) A group of Italian jurisconsults who were active during the 14th and 15th centuries writing commentaries and treatises that related Roman law to feudal and Germanic law, canon law, and other contemporary bodies of law. 0 The postglossators constituted the second wave of Roman-law study after its revival in the 11th century, the first being that of the glossators. - Also termed commentators. See GLOSSATORS.
Posthumous
adj. Occurring or existing after death; esp., (of a child) born after the father's death.
Posthumus pro nato habetur
A posthumous child is considered as though born (before the father's death).
Posting
1 Accounting. The act of transferring an original entry to a ledger. 2. The act of mailing a letter. 3. A method of substituted service of process by displaying the process in a prominent place (such as the courthouse door) when other forms of service have failed. See SERVICE (1). 4. A publication method, as by displaying municipal ordinances in designated localities. 5. The act of providing legal notice, as by affixing notices of judicial sales at or on the courthouse door. 6. The procedure for processing a check, including one or more of the following steps: (1) verifying any signature, (2) ascertaining that sufficient funds are available, (3) affixing a "paid" or other stamp, (4) entering a charge or entry to a customer's account, and (5) correcting or reversing an entry or erroneous action concerning the check.
Postliminium
n. [fr. Latin post "after" + limen "threshold"] 1. Roman & civil law. The doctrine that a restoration of a person's lost rights or status relates back to the time of the original loss or deprivation, esp. in regard to the restoration of the status of a prisoner of war. "[A] person who is taken captive and comes back within the limits of the Empire is correctly described as returning by postliminium. By 'limen' (threshold) we mean the frontier of a house, and the old lawyers applied the word to the frontier of the Roman State; so that the word postliminium conveys the idea of recrossing the frontier. If a prisoner is recovered from a beaten foe he is deemed to have come back by postliminium." R.W. Lee, The Elements of Roman Law 85-86 (4th ed. 1956). 2. Int'l law. The act of invalidating all an occupying force's illegal acts, and the postoccupation revival of all illegitimately modified legal relations to their former condition, esp. the restoration of property to its rightful owner. - Also termed postliminy.
Postliminium fingit eum qui captus est semper in civitate fuisse
Postliminy (restoration of rights) imagines that a person who has been captured has never left the state.( A person captured by the enemy, who later returns, is restored to all his former rights. Just. Inst. 1.12.5.
Postman
Hist. A barrister in the Court of Exchequer who had precedence in motions. ( The postman was so called because of the post he stood next to when making motions.
Postmark
An official mark put by the post office on an item of mail to cancel the stamp and to indicate the place and date of sending or receipt.
Postmaster
A U.S. Postal Service official responsible for a local branch of the post office. - Abbr. PM.
Postmaster General
The head of the U.S, Postal Service.
Postmortem
adj. Done or occurring after death <a postmortem examination>. Postmortem n. See AUTOPSY.
Postnuptial
adj. Made or occurring after marriage <a postnuptial contract>.
Postpone
ub 1.To put off to a later time. 2. To place lower in precedence or importance; esp., to subordinate (a lien) to a later one. - postponement, n.
Quae ab initio inutilis fuit institutio, ex post facto convalescere non potest
An institution void in the beginning cannot acquire validity by a subsequent act.
Quae ab initio non valent, ex post facto convalescere non possunt
Things invalid from the beginning cannot be made valid by a subsequent act.
Quando charta continet generalem clausulam, posteaque descendit ad verba specialia quae clausulae generali sunt consentanea, interpretanda est charta secundum verba specialia
When a deed contains a general clause, and afterwards descends to special words that are consistent with the general clause, the deed is to be construed according to the special words.
Quod populus postremum jussit, id jus ratum esto
What the people have last enacted, let that be the established law.
Quod quis sciens indebitum dedit hac mente, ut postea repeteret, repetere non potest
What one has paid knowing that it is not owed, with the intention of reclaiming it afterwards, he cannot recover. Dig. 12.6.50.
Res quae intra praesidia perductae nondum sunt quanquam ab hostibus occupatae, ideo postliminii non egent, quia dominum nondum mutarunt ex gentium jure
Things that have not yet been brought within the enemy's camp, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by the law of nations has not yet changed.
Testamentum est voluntatis nostrae justa sententia, de eo quod quis post mortem suam fieri velit
A testament is the just expression of our will concerning that which anyone wishes done after his death. ( Or, as Blackstone renders it, a testament is "the legal declaration of a man's intentions which he wills to be performed after his death." 2 BI. Com. 499.
Verba in differenti materia per prius, non. per posterius, intelligenda sunt
Words referring to a different subject are to be understood by what goes before, not by what follows.
Verba posteriora propter certitudinem addita, ad priora quae certitudine indigent, sunt referenda
Later words added for the purpose of certainty are to be referred to preceding words in which certainty is wanting.
a posteriori
adv. [latin "from what comes after"] inductively; from the particular to the general, or from known effects to their inferred causes <as, a legal analyst, she reasoned a posteriori - from countless individual cases to generalized rules that she finally applied>. - a posteriori, adj. cf a priori.
apostasy
hist. a crime against religion consisting in the total renunciation of christianity by one who had previously embraced it.