Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Attorney, power of
see power of attorney.
Balance of power
int'z law. A relative equality of force between countries or groups of countries, as a result of which peace is encouraged because no country is in a position to predominate.
Beneficial power
see power (4).
Federal Power Commission
See FEDERAL ENERGY REGULATORY COMMISSION.
Power
1 The ability to act or not act. 2. Dominance, control, or influence over another. 3. The legal right or authorization to act or not act; the ability conferred on a person by the law to alter, by an act of will, the rights, duties, liabilities, or other legal relations either of that person or of another. 4. A document granting legal authorization. See AUTHORITY. 5. An authority to affect an estate in land by (1) creating some estate independently of any estate that the holder of the authority possesses, (2) imposing a charge on the estate, or (3) revoking an existing estate. See POWER OF APPOINTMENT.
Power assignment
a blank written assignment that, when attached to a stock certificate, renders the stock transferable.
Reserved Power Clause
See TENTH AMENDMENT.
Waterpower
1. The force obtained by-converting water into energy. 2. The riparian owner's right consisting of the fall in the stream as it passes over or through the riparian owner's land; the difference of the level between the surface where the stream first touches one's land and the surface where the water leaves the land.
appendant power
1. A power that gives the donee a right to appoint estates that attach to the donee's own interest. 2. A power held by a donee who owns the property interest in the assets subject to the power, and whose interest can be divested by the exercise of the power. ( The power appendant is generally viewed as adding nothing to the ownership and thus is not now generally recognized as a true power. - Also termed power appendant.
beneficial power
A power that is executed for the benefit of the power's donee, as distinguished from a trust power, which is executed for the benefit of someone other than the power's donee (i.e., a trust beneficiary).
civil power
See POLITICAL POWER.
collateral power
A power created when the donee has no estate in the land, but simply the authority to appoint.
concurrent power
See POWER.
congressional power
The authority vested in the U.S. Senate and House of Representatives to enact laws and take other constitutionally permitted actions. U.S. Const. art. I.
contempt power
The power of a public institution (as Congress or a court) to punish someone who shows contempt for the process, orders, or proceedings of that institution. contempt proceeding See PROCEEDING.
delegation of powers
A transfer of authority by one branch of government to another branch or to an administrative agency. See DELEGATION DOCTRINE.
discretionary power
See DISCRETION (1).
division of powers .
The allocation of power between the national government and the states. ( Under the Tenth Amendment, powers not delegated to the federal government are reserved to the states or to the people. But today the Tenth Amendment provides only a limited check on Congress's power to regulate the states. Cf. SEPARATION OF POWERS.
donee of power
The recipient of a power of appointment.
durable power of attorney
A power of attorney that remains in effect during the grantor's incompetency. ( Such instruments commonly allow an agent to make healthcare decisions for a patient who has become incompetent.
enabling power
See POWER OF APPOINTMENT.
enforcement power.
The authority by which Congress may enforce a particular constitutional amendment's provisions by appropriate legislation. 0 Enforcement power is granted to Congress under the 13th, 14th, 15th, 19th, 23rd, 24th, and 26th Amendments.
enumerated power
A political power specifically delegated to a governmental branch by a constitution. - Also termed express power.
executive power
Constitutional law. The power to see that the laws are duly executed and enforced. ( Under federal law, this power is vested in the President; in the states, it is vested in the governors. The President's enumerated powers are found in the U.S. Constitution, art. II, § 2; governors' executive powers are provided for in state constitutions. The other two great powers of government are the legislative power and the judicial power.
exercitorial power
The trust given to a shipmaster.
express power
See enumerated power under POWER.
extramural powers
Powers exercised by a municipality outside its corporate limits.
fee simple subject to a power of termination
See fee simple subject to a condition subsequent.
fly-power assignment.
See ASSIGNMENT (2).
full powers
Int'l law. An official document designating a person to represent a country for (1) negotiating, adopting, or authenticating the text of a treaty, (2) expressing the consent of the country to be bound by a treaty, or (3) accomplishing any act with respect to the treaty.
general power
See POWER (4).
general power of appointment
A power of appointment by which the donee can appoint - that is, dispose of the donor's property - in favor of anyone the donee chooses.
general power of attorney
See POWER OF ATTORNEY.
implied power
A political power that is not enumerated but that nonetheless exists because it is needed to carry out an express power.
incident power
A power that, although not expressly granted, must exist because it is necessary to the accomplishment of an express purpose. - Also termed incidental power.
incidental power
See incident power under POWER.
inherent power
A power that necessarily derives from an office, position, or status.
institorial power
Civil law. The power given by a business owner to an agent to act in the owner's behalf.
investigatory power
See POWER (4).
irrevocable power of attorney
A power of attorney that the principal cannot revoke. - Also termed power of attorney coupled with an interest. See power coupled with an interest under POWER.
judicial power
1. The authority vested in courts and judges to hear and decide cases and to make binding judgments on them; the power to construe and apply the law when controversies arise over what has been done or not done under it. ( Under federal law, this power is vested in the U.S. Supreme Court and in whatever inferior courts Congress establishes. The other two great powers of government are the legislative power and the executive power. 2. A power conferred on a public officer involving the exercise of judgment and discretion in deciding questions of right in specific cases affecting personal and proprietary interests. ( In this sense, the phrase is contrasted with ministerial power. judicial privilege See PRIVILEGE (3)
legislative power
Constitutional law. The power to make laws and to alter them at discretion; a legislative body's exclusive authority to make, amend, and repeal laws. 0 Under federal law, this power is vested in Congress, consisting of the House of Representatives and the Senate. A legislative body may delegate a portion of its lawmaking authority to agencies within the executive branch for purposes of rulemaking and regulation. But a legislative body may not delegate its authority to the judicial branch, and the judicial branch may not encroach on legislative duties.
limited power of appointment
A power of appointment by which the donee can appoint to only the person or class specified in the instrument creating the power. - Also termed special power of appointment.
market power
The ability to reduce output and raise prices above the competitive level -specifically, above marginal cost - for a sustained period, and to make a profit by doing so. ( In antitrust law, a large amount of market power may constitute monopoly power. See MONOPOLIZATION. Cf. MARKET SHARE. "In economic terms, market power is the ability to raise prices without a total loss of sales; without market power, consumers shop around to find a rival offering a better deal." 54 Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 49, at 110 n.87 (1996).
mediate powers
Subordinate powers incidental to primary powers, esp. as given by a principal to an agent; powers necessary to accomplish the principal task <adjusting debt is a mediate power to collecting debt>. Cf. PRIMARY POWERS.
mill power
A unit of water power used in defining quantities and weights of water available to a lessee.
monopoly power
The power to control prices or to exclude competition. ( The size of the market share is a primary determinant of whether monopoly power exists.
naked power
The power to exercise rights over something (such as a trust) without having a corresponding interest in that thing. Cf. power coupled with an interest.
object of the power
See permissible appointee under APPOINTEE.
object of the power of appointment
See permissible appointee under APPOINTEE.