Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Haeres est aut jure proprietatis aut jure representationis
A person is an heir by either right of property or right of representation.
Misrepresentation
n. 1. The act of making a false or misleading statement about something, usu. with the intent to deceive. 2. The statement so made; an assertion that does not accord with the facts. - Also termed false representation; (redundantly) false misrepresentation. - misrepresent, vb. Cf. REPRESENTATION.
Presentation
1. The delivery of a document to an issuer or named person for the purpose of initiating action under a letter of credit; PRESENTMENT (3). 2. Hist. Eccles. law. A benefice patron's recommendation of a person to fill a vacant benefice. ( If the benefice's bishop rejected the appointee, the patron could enforce the right to fill the vacancy by writ of quare impedit in the Court of Common Pleas. See QUARE IMPEDIT. Cf. ADVOWSON; INSTITUTION.
adequate representation.
A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. 0 The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must be adequate representation by the named plaintiffs of all the potential class members. Fed. R. Civ. 23(a)(4). And if a nonparty is to intervene it: ;lawsuit, there must not already be adequ<_-,representation of the nonl: ; ri. 4 Z party. Fed. R. Civ. P. 24(a)~ _' .
affirmative representation
A representation asserting the existence of certain facts pertaining to a given subject matter.
continuous-representation doctrine
The principle that the limitations period for bringing a legal-malpractice action is tolled as long as the lawyer continues the representation that is related to the negligent act or omission.
duty of fair representation
A labor union's duty to represent its member employees fairly, honestly, and in good faith.
duty of fair representation.
See DUTY (2)
estoppel by representation
An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person's reasonable and detrimental reliance on the belief; esp., equitable estoppel.
fair representation
Labor law. Union representation that adequately covers all union members in collective bargaining and in the lodging of grievances.
false misrepresentation
See MISREPRESENTATION. ( This phrase is redundant - misrepresentation includes the idea of falsity.
false representation
See MISREPRESENTATION.
fraudulent misrepresentation
See MISREPRESENTATION.
fraudulent misrepresentation.
A false statement that is known to be false or is made recklessly - without knowing or caring whether it is true or false - and that is intended to induce a party to detrimentally rely on it. - Also termed fraudulent representation; deceit.
fraudulent representation
See fraudulent misrepresentation under MISREPRESENTATION.
innocent misrepresentation
See MISREPRESENTATION.
innocent misrepresentation.
A false statement not known to be false; a misrepresentation that, though false, was not made fraudulently.
jus presentationis
n. [Latin] Civil law. The right to present a clerk to a church.
material misrepresentation
See MISREPRESENTATION.
material misrepresentation.
1. Contracts. A false statement that is likely to induce a reasonable person to assent or that the maker knows is likely to induce the recipient to assent. 2. Torts. A false statement to which a reasonable person would attach importance in deciding how to act in the transaction in question or to which the maker knows or has reason to know that the recipient attaches some importance. See Restatement (Second) of Torts ยง 538 (1979).
material representation
See REPRESENTATION.
negligent misrepresentation
A careless or inadvertent false statement in circumstances where care should have been taken.
next presentation
Hist. In the law of advowsons, the right to present to the bishop a clerk to fill the first vacancy in a local parsonage. See ADVOWSON.
promissory representation
A representation about what one will do in the future; esp., a representation made by an insured about what will happen during the time of coverage, stated as a matter of expectation and amounting to an enforceable promise. 2. The act or an instance of standing for or acting on behalf of another, esp. by a lawyer on behalf of a client <Clarence Darrow's representation of Mr. Scopes>. 3. The fact of a litigant's having such a close alignment of interests with another person that the other is considered as having been present in the litigation <the named plaintiff provided adequate representation for the absent class members>. See ADEQUATE REPRESENTATION. 4. The assumption by an heir of the rights and obligations of his or her predecessor <each child takes a share by representation>. See PER STIRPES. - represent, vb.
proportional representation
An electoral system that allocates legislative seats to each political group in proportion to its popular voting strength.
representation
n. 1. A presentation of fact -either by words or by conduct - made to induce someone to act, esp. to enter into a contract <the buyer relied on the seller's repre-
representation election
An election held by the National Labor Relations Board to decide whether a certain union will represent employees in a specific bargaining unit. See BARGAINING UNIT.
representation election.
See ELECTION
representation, estoppel by
See estoppel by representation under ESTOPPEL.
sentation that the roof did not leak>. Cf. MISREPRESENTATION.
"Representation . . . may introduce terms into a contract and affect performance: or it may induce a contract and so affect the intention of one of the parties, and the formation of the contract .... At common law, .. . if a representation did not afterwards become a substantive part of the contract, its untruth (save in certain excepted cases and apart always from fraud) was immaterial. But if it did, it might be one of two things: (1) it might be regarded by the parties as a vital term going to the root of the contract (when it is usually called a 'condition'); and in this case its untruth entitles the injured party to repudiate the whole contract; or (2) it might be a term in the nature only of an independent subsidiary promise (when it is usually called a 'warranty'), which is indeed
virtual representation
A party's maintenance of an action on behalf of others with a similar interest, as a class representative does in a class action.
virtual-representation doctrine
The principle that a judgment may bind a person who is not a party to the litigation if one of the parties is so closely aligned with the nonparty's interests that the nonparty has been adequately and effectively represented by the party in court. ( Under this doctrine, for instance, a judgment in a case naming only the husband as a party can be binding on his wife as well. See RES JUDICATA.