Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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
Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause po
Commerce Court. See COURT
Principle
n. A basic rule, law, or doctrine.
continuous-adverse-use principle
The rule that the uninterrupted use of land - along with the other elements of adverse possession - will result in a successful claim for adverse possession. - Also termed uninterrupted-adverse-use principle. See ADVERSE POSSESSION.
dominant-jurisdiction principle
The rule that the court in which a case is first filed maintains the suit, to the exclusion of all other courts that would also have jurisdiction. dominant property See dominant estate under ESTATE.
dual-criminality principle
A rule prohibiting the extradition of a fugitive unless the offense involves conduct that is criminal in both countries.
fraud-on-the-market principle
Securities. The doctrine that, in a claim under the antifraud provisions of the federal securities laws, a plaintiff may presumptively establish reliance on a misstatement about a security's value -without proving actual knowledge of the fraudulent statement - if the stock is purchased in an open and developed securities market. This doctrine recognizes that the market price of an issuer's stock reflects all available public information. The presumption is rebuttable. -Also termed fraud-on-the-market theory. frauds, statute of. See STATUTE OF FRAUDS.
general legal principle.
See GENERAL PRINCIPLE OF LAW.
general principle of law
1. A principle widely recognized by peoples whose legal order has attained a certain level of sophistication. 2. Int'l law. A principle that gives rise to international legal obligations."[T]he adjective general' does not refer to several or many orders [i.e., legal systems] as do the general principles of national law, but indicates principles which are applied generally in all cases of the same kind which arise in international law
generally accepted accounting principles.
The conventions, rules, and procedures that define approved accounting practices at a particular time. ( These principles are issued by the Financial Accounting Standards Board for use by accountants in preparing financial statements. The principles include not only broad guidelines of general application but also detailed practices and procedures. - Abbr. GAAP. - Also termed generally accepted accountancy principles.
indemnity principle
Insurance. The doctrine that an insurance policy should not confer a benefit greater in value than the loss suffered by the insured.
link-in-chain principle
Criminal procedure. The principle that a criminal defendant's Fifth Amendment privilege against self-incrimination protects the defendant from not only answering directly incriminating questions but also giving answers that might connect the defendant to criminal activity in the chain of evidence. LIP. abbr. LEGALLY INCAPACITATED PERSON.
look-through principle
A doctrine for allocating transfer-gains taxes on real estate by looking beyond the entity possessing legal title to identify the beneficial owners of the property.
matching principle
Tax. A method for ban. dung expense deductions, by which the depreci. ation in a given year is matched by the associated tax benefit.
neighbor principle
The doctrine that one must take reasonable care to avoid acts or omissions that one can reasonably foresee will be likely to injure one's neighbor. 0 According to this principle, neighbor includes all persons who are so closely and directly affected by the act that the actor should reasonably think of them when engaging in the act or omission in question.
neutral principles
Constitutional law. Rules grounded in law, as opposed to rules based on personal interests or beliefs. ( In this context, the phrase was popularized by Herbert Wechsler. See Toward Neutral Principles of Constitutional Law, 73 Harv. L. Rev. 1 (1959).
new-rule principle
Criminal procedure. A doctrine barring federal courts from granting habeas corpus relief to a state prisoner because of a rule, not dictated by existing precedent, announced after the prisoner's conviction and sentence became final. - Also termed nonretroactiuity principle. See HABEAS CORPUS.
nonretroactivity principle
See NEW-RULE PRINCIPLE.
principle of finality
See FINALITY DOCTRINE.
principle of legality
See LEGALITY (2).
principle of nonintervention
See NONINTERVENTION.
principle of retribution
See LEx TALIONIs.
restrictive principle of sovereign immunity
The doctrine by which a foreign nation's immunity does not apply to claims arising from the nation's private or commercial acts, but protects the nation only from claims arising from its public functions. See COMMERCIAL-ACTIVITY EXCEPTION; JURE GESTIONIS; JURE IMPERIL
uninterrupted-adverse-use principle
See CONTINUOUS-ADVERSE-USE PRINCIPLE.
wait-and-see principle
A modification to the rule against perpetuities, under which a court may determine the validity of a contingent future interest based on whether it actually vests within the perpetuities period, rather than on whether it possibly could have vested outside the period. - Also termed second-look doctrine.
wedge principle
The principle that an act is wrong in a specific instance if, when raised to a general level of conduct, it would injure humanity. "[TJhere is the familiar argument from the 'wedge principle,' which is used to deny the possibility of looking at particular circumstances in applying moral rules." Glancille Williams, The Sanctity of Life and the Criminal Law 315 (1957).