Legal Dictionary of Pakistan

Acta in uno judicio non probant in alio nisi inter easdem personas

Things done in one action cannot be taken as evidence in another, unless it is between the same parties.

Actore non probante, reus absolvitur

If the plaintiff does not prove his case, the defendant is acquitted.

Actori incumbit onus probandi

The burden of proof rests upon the plaintiff.

Actus judiciarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto

A judicial act before one not a judge (or without jurisdiction) is void; as to a ministerial act, from whomsoever it proceeds, let it be valid.

Actus repugnans non potest in esse produci

A repugnant act cannot be brought into being (that is, cannot be made effectual).

Ad proximum antecedens fiat relatio, nisi impediatur sentential

A relative is to be referred to the nearest antecedent, unless prevented by the sense.

Additio probat minoritatem

An addition proves inferiority. ( That is, if it be said that a person has a fee tail, it is less than if the person has the fee.

Administrative Procedure Act.

A federal statute establishing practices and procedures to be followed in rulemaking and adjudication. 0 The Act was designed to give citizens basic dueprocess protections such as the right to present evidence and to be heard by an independent hearing officer. 2. A similar state statute.

Adversus extraneos vitiosa possessio prodesse solet

Possession though faulty is usually sufficient against outsiders. ( Prior possession is a good title of ownership against all who cannot show a better.

Aedilcare in tuo proprio solo non licet quod alteri noceat

It is not lawful to build upon one's own land what may be injurious to another.

Affirmanti, non neganti, incumbit probation

The proof is incumbent upon the one who affirms, not on the one who denies.

Affirmantis est probare

The person who affirms must prove.

Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita esl potest fieri; et quilibet potest renunciare juri pro se introducto

Even if alienation is prohibited, it may yet take place by the consent of all in whose favor it is prohibited; it is in the power of anyone to renounce a right introduced for his own benefit.

Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars

A person ought not to be judge in his own cause, because lie cannot act both as judge and party.

Ambigua responsio contra proferentem est accipienda

An ambiguous answer is to be taken against the party who offers it.

Ambiguis casibus semper praesumitur pro rege

In doubtful cases the presumption is always in favor of the king.

Ambiguum placitum interpretari debet contra proferentem.

An ambiguous plea ought to be interpreted against the party pleading it.

Annus inceptus pro completo habetur.

A year begun is held as completed. & Said to be of very limited application.

Arrest on final process

hist. Arrest in a civil case after the conclusion of a trial. -also termed arrest in execution.

Arrest on mesne process

see arrest

Arrest on mesne process (meen).

hist. Arrest in a civil case before trial takes place .citizen's arrest. An arrest of a private person by another private person on grounds that (1) a public offense was committed in the arrester's presence, or (2) the arrester has reasonable cause to believe that the arrestee has committed a felony.

Assignment pro tanto

see assignment (2).

Assisa proroganda

see de assisa proroganda.

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Attorney work product.

see work product

Autoptic proference

the presentation of an item for inspection by the court. See demonstrative evidence under evidence.

Bad-boy provision

securities. A statutory or regulatory clause in a blue-sky law stating that certain persons, because of their past conduct, are not entitled to any type of exemption from registering their securities. ( such clauses typically prohibit issuers, officers, directors, control persons, or broker-dealers from being involved in a limited offering if they have been the subject of an adverse proceeding concerning securities, commodities, or postal fraud.

Bailable process

see process (2).

Balance of probability

see preponderance of the evidence.

Bankruptcy proceeding

1. Bankruptcy (1). 2. Any judicial or procedural action (such as a hearing) related to a bankruptcy.

Baratriam committit qui propter pecuniam justitiam baractat

A person is guilty of barratry who sells justice for money.

Bare promise

see gratuitous promise under promise.

Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum

A bastard cannot have an heir unless it be one lawfully begotten of his own body.

Bastardy proceeding.

see paternity suit

Beneicium non datum nisi propter of/

A remuneration is not -given, unless on account of a duty performed.

Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire

Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.

Breve judiciale non cadit pro defectu formae

A judicial writ does not fail for a defect of form.

Casus omissus pro omisso habendus est

A case omitted is to be held as (intentionally) omitted.

Causa Proxima non remota spectatur

The immediate and not the remote cause is considered.

Causa ecclesiae publicis aequiparatur; et summa est ratio quae pro religione facit

The cause of the church is equal to public causes; and paramount is the reason that acts in favor of religion.

Code de procedure civil

A French civil-procedure code,enacted in 1806 and appended to the Code Napoleon. See NAPOLEONIC CODE.

Code of Professional Responsibility

See MODEL CODE OF PROFESSIONAL RESPONSIBILITY.

Cohaeredes una persona censentur, propter unitatem juris quod habent

Coheirs are deemed as one person, on account of the unity of right that they possess.

Compromise

n. 1. An agreement between two or more persons to settle matters in dispute between them. 2. A debtor's partial payment coupled with the creditor's promise not to claim the rest of the amount due or claimed. -compromise, ub.

Compromissarii aunt judices

Arbitrators are judges.

Compromissarius

(kom-pra-mi-sair-ee-as).[Latin] Roman law. See ARBITRATOR.

Compromissum ad similitudinem judiciorum redigitur

A compromise is brought into affinity with judgments.

Compulsory Process Clause

The clause of the Sixth Amendment to the U.S. Constitution giving criminal defendants the subpoena power for obtaining witnesses in their favor.

Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda

A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.

Conditio illicita habetur pro non adjecta.

An unlawful condition is considered unconnected.