Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Attorney-client privilege.
see privilege (s)
Privilege
1. A special legal right, exemption, or immunity granted to a person or class of persons; an exception to a duty.
Privileged
adj. Not subject to the usual rules or liabilities; esp., not subject to disclosure during the course of a lawsuit < a privileged document > .
Privileges and Immunities Clause
The constitutional provision (U.S. Const. art. IV, § 2, cl. 1) prohibiting a state from favoring its own citizens by discriminating against other states' citizens who come within its borders.
Privileges or Immunities Clause
The constitutional provision (U.S. Const. amend. XIV, § 1) prohibiting state laws that abridge the privileges or immunities of U.S. citizens. * The clause was effectively nullified by the Supreme Court in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). Cf. DUE PROCESS CLAUSE; EQUAL PROTECTION CLAUSE.
absolute privilege
A privilege that immunizes an actor from suit, no matter how wrongful the action might be, and even though it is done with an improper motive. Cf. qualified privilege.
accountant-client privilege
The protection afforded to a client from an accountant's unauthorized disclosure of materials submitted to or prepared by the accountant.
antimarital-facts privilege
See marital privilege (2).
attorney-client privilege
The client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney. - Also termed lawyer-client privilege; client's privilege. "There are a number of ways to organize the essential elements of the attorney-client privilege to provide for an orderly analysis. One of the most popular is Wigmore's schema: '(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such, (3) the communications relating to that purpose (4) made in confidence (5) by the client (6) are at his instance permanently protected (7) from disclosure by himself or by the legal adviser, (8) except the privilege be waived.' Though this organization has its virtues, there is some question as to whether it completely states the modern privilege." 24 Charles Alan Wright & Kenneth W. Graham, Jr., Federal Practice and Procedure § 5473, at 103-04 (1986) (quoting 8 John Henry Wigmore, Evidence § 2292, at 554 (John T. McNaughton rev., 1961). "At the present time it seems most realistic to portray the attorney-client privilege as supported in part by its traditional utilitarian justification, and in part by the integral role it is perceived to play in the adversary system itself. Our system of litigation casts the lawyer in the role of fighter for the party whom he represents. A strong tradition of loyalty attaches to the relationship of attorney and client, and this tradition would be outraged by routine examination of the lawyer as to the client's confidential disclosures regarding professional business. To the extent that the evidentiary privilege, then, is integrally related to an entire code of professional conduct, it is futile to envision drastic curtailment of the privilege without substantial modification of the underlying ethical system to which the privilege is merely ancillary." John W. Strong, McCormick ore Evidence $ 87, at 121-22 (4th ed. 1992).
clergyman penitent privilege
See priestpenitent privilege.
clergyman-penitent privilege
See priest-penitent privilege under PRIVILEGE (3). clergy privilege See BENEFIT OF CLERGY (1).
client's privilege
See attorney-client privilege under PRIVILEGE (3).
conditional privilege
See qualified privilege under PRIVILEGE (1).
conditionally privileged communication
See COMMUNICATION.
deliberative process privilege
A privilege permitting the government to withhold docu ments relating to policy formulation to encourage open and independent discussion among those who develop government policy.
doctor patient privilege
The right to exclude from evidence in a legal proceeding any confidential communication that a patient makes to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure. - Also termed physician-client privilege; patient physician privilege.
doctor-patient privilege
See PRIVILEGE (3).
editorial privilege
See journalist's privilege (2).
excess of privilege
1. An excessive publication of a privileged statement - that is, beyond the limits of the privilege. 2. The improper and malicious use of the privilege to publish a statement.
executive privilege
A privilege, based on the constitutional doctrine of separation of powers, that exempts the executive branch of the federal government from usual disclosure requirements when the matter to be disclosed involves national security or foreign policy. Cf. executive immunity under IMMUNITY (1).
fair-report privilege
A defense to liability for publishing defamatory matter from a report of an official or judicial proceeding, when the report is a full, fair, and accurate account of the proceeding.
franking privilege
See FRANK (3)
husband-wife privilege
See marital privilege.
husband-wife privilege.
See marital privilege under PRIVILEGE (3).
informant's privilege
The qualified privilege that a government can invoke to prevent disclosure of the identity and communications of its informants. ( In exercising its power to formulate evidentiary rules for federal criminal cases, the U.S. Supreme Court has consistently declined to hold that the government must disclose the identity of informants in a preliminary hearing or in a criminal trial. McCray v. Illinois, 386 U.S. 300, 312, 87 S.Ct. 1056, 1063 (1967). A party can usu. overcome the privilege if it can demonstrate that the need for the information outweighs the public interest in maintaining the privilege. - Also termed informer's privilege.
informer's privilege
See informant's privilege under PRIVILEGE (3).
joint-defense privilege
The rule that a defendant can assert the attorney-client privilege to protect a confidential communication made to a codefendant's lawyer if the communication was related to the defense of both defendants. - Also termed common-interest doctrine.
journalist's privilege
1 A reporter's protection, under constitutional or statutory law, from being compelled to testify about confidential information or sources. - Also termed reporter's privilege; newsman's privi- lege. See SHIELD LAW (1). 2. A publisher's protection against defamation lawsuits when the publication makes fair comment on the actions of public officials in matters of public concern. - Also termed editorial privilege. See FAIR COMMENT.
judicial privilege. Defamation
The privilege protecting any statement made in the course of and with reference to a judicial proceeding by any judge, juror, party, witness, or advocate.
lawyer-client privilege
See attorney-client privilege under PRIVILEGE (3).
legislative privilege
Defamation. The privilege protecting (1) any statement made in a legislature by one of its members, and (2) any paper published as part of legislative business. - Also termed (in a parliamentary system) parliamentary privilege.
litigation privilege
A privilege protecting the attorneys and parties in a lawsuit from defamation claims arising from statements made in the course of the suit.
marital privilege
1 The privilege allowing a spouse not to testify, and to prevent another from testifying, about confidential communications with the other spouse during the marriage. - Also termed marital-communications privilege. 2. The privilege allowing a spouse not to testify in a criminal case as an adverse witness against the other spouse, regardless of the subject matter of the testimony. - Also termed (in sense 2) privilege against adverse spousal testimony; antimarital-facts privilege. 3. The privilege immunizing from a defamation lawsuit any statement made between husband and wife. - Also termed (in all senses) spousal privilege; husband-wife privilege.
marital-communications privilege
See marital privilege (1) under PRIVILEGE (3). marital deduction See DEDUCTION,
mill privilege
The right of a mill-site owner to construct a mill and to use power from the stream to operate the mill, with due regard to the rights of other owners along the stream's path.
national-security privilege
See state-secrets privilege.
newsman's privilege
See journalist's privilege (1).
official privilege
The privilege immunizing from a defamation lawsuit any statement made by one state officer to another in the course of official duty.
official privilege.
See PRIVILEGE (3).
parliamentary privilege
The right of a particular question, motion, or statement to take precedence over all other business before the legislative body.
patient physician privilege.
See doctor-patient privilege.
patient-physician privilege
. See doctor patient privilege under PRIVILEGE (3).
peer-review privilege
A privilege that protects from disclosure the proceedings and reports of a medical facility's peer-review committee, which reviews and oversees the patient care and medical services provided by the staff.
physician-client privilege
See doctor patient privilege under PRIVILEGE (3).
plea of privilege
See PLEA (3)
priest penitent privilege
The privilege barring a clergy member from testifying about a confessor's communications. - Also termed clergyman-penitent privilege.
prima facie privilege
See qualified immunity under IMMUNITY (1).
privilege against adverse spousal testimony
See marital privilege (2).
privilege against self-incrimination
See RIGHT AGAINST SELF-INCRIMINATION.
privilege from arrest
See PRIVILEGE (1).